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similar case to shotdown!!!!! - RF Cafe Forums

Because of the high maintenance needed to monitor and filter spammers from the RF Cafe Forums, I decided that it would be best to just archive the pages to make all the good information posted in the past available for review. It is unfortunate that the scumbags of the world ruin an otherwise useful venue for people wanting to exchanged useful ideas and views. It seems that the more formal social media like Facebook pretty much dominate this kind of venue anymore anyway, so if you would like to post something on RF Cafe's Facebook page, please do.

Below are all of the forum threads, including all the responses to the original posts.


RF_dude
Post subject: similar case to shotdown!!!!! Posted: Fri Jul 08, 2005 11:00 pm
folks,

There is a strangest thing that happened to me. I got an offer from a swiss company...I worked for them from USA while they had applied for my swiss work permit...

I almost worked for them for 1.5 months from here...finally time came and I left USA ( at least I had prepared myself) for good....

but when i went there, they asked me to leave the company after a week... saying they needed someone more experienced...

they knew that I was a fresh RF grad...inspite of which they gave me a job...

n worst of all.. they did not even pay me for the work that I did for them from USA...

they changed the contract thrice before i resumed the job in switzerland.. had i known that it would be just a bunch of immature fools in that company, i would have never left this country...

I am plannin to sue them... any ideas/suggestions???


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IR
Post subject: Posted: Sat Jul 09, 2005 3:37 am

Site Admin


Joined: Mon Jun 27, 2005 2:02 pm
Posts: 373
Location: Germany
Hello RF_dude,

Of course you can sue this company You can sue them for a breach of contract, based on the fact that you applied for a given job description, which was altered later. Not to mention the fact that you weren't paid for the work that you did for them. Surely you can demonstrate the work you did for them during that time as an evidence. You acted in good faith with this company and they used it against you and didn't bother to pay you the salary you were entitled according to the contract they offered you.

Companies are doing such things because they assume that most people won't drag themselves to court due to the high costs involved in legal procedures. Yet someone, who has awareness to the compensation that can be obtained woud make the effort. I am not from the US, but I am sure that there are agencies that can help you out with much lower costs than a private lawyer would charge.

By the way does the name of this company begins with the letter X

Good luck!!

_________________
Best regards,

- IR


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RF_dude
Post subject: Posted: Wed Jul 13, 2005 12:14 am
Hey IR,

Yeah... I am searching for a lawyer in switzerland to sue them (as lawyers here in US say that they cannot take an overseas case)...

BTW.. you mentioned sumthin abt private agencies.. do you know of any??

No, the company name does not start with X (I know what company you are hinting at...cuz I had applied for a job there too)....


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IR
Post subject: Posted: Wed Jul 13, 2005 2:24 am

Site Admin


Joined: Mon Jun 27, 2005 2:02 pm
Posts: 373
Location: Germany
Hello again RF_dude,

I am very surprised that US lawyers say that they can't take an overseas case. I am more than sure that a warning letter from a US lawyer would make this company think twice if they want to drag themselves into legal adventure. The case here is only a salary of 1.5 month and maybe a compensation for the grievance you had (up to your decision)...

I don't know about any agency like that, I just assumed that there might be agencies like that that can help you...There are agencies in my country that help employees against emplyers who abused them, but I don't know if they can help with overseas employers as well...

The Swiss employment law doesn't require an employer to give you a written working agreement, and some of their employment laws stand for the favor of the employer rather than the employee.

My advice to you from an experience similar to yours, is to review the Swiss employment law before applying to a Swiss lawyer, and this is for 2 reasons:

- To see on what exact basis you can sue this company based on the Swiss law, which is the only law valid in this case if the lawsuit would be in Switzerland.

- To be well prepared when you finally find a suitable lawyer and by that save time and money (As we all know lawyers are equal to leeches)

I am very surprised that a Swiss company would do such a thing. I have always had a very good impression about Switzerland as a country and Swiss companies in particular - expect about the X company, which acted in an non-flexible way with me but certainly didn't misled me.

Can you give a hint about the name of the company, I hope you don't mind me asking? I am very curious about it...

Good luck, please keep me posted

_________________
Best regards,

- IR


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kpainter
Post subject: Posted: Wed Jul 13, 2005 12:53 pm

Colonel


Joined: Wed Aug 20, 2003 11:47 am
Posts: 47
Location: Santa Barbara, CA
I can't imagine any lawyer is going to want to take your case. Lawyers can charge $500/hour. I can only imagine what it would cost to fight a company in a foriegn country. Seems like even if you win, it isn't going to be for much. Sorry for you but you might as well move on.


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IR
Post subject: Posted: Wed Jul 13, 2005 12:57 pm

Site Admin


Joined: Mon Jun 27, 2005 2:02 pm
Posts: 373
Location: Germany
Hello kpainter,

You know for the reason you gave companies abroad abuse candidates, because they know that most people would act the way you mentioned.
Today it was RF_dude, tomorrow it will be someone else - who knows might be even you?!

A point worth thinking

_________________
Best regards,

- IR


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kpainter
Post subject: Posted: Wed Jul 13, 2005 9:54 pm

Colonel


Joined: Wed Aug 20, 2003 11:47 am
Posts: 47
Location: Santa Barbara, CA
Hi IR,
Yes, I understand - of course they do and its too bad. There ARE dishonest people out there!

But my point is what could possibly be gained by suing these people even if everything goes well? 1.5 mo. in back salary? Would he be willing to clean out his savings in order to attempt to recover that 1.5 mo. salary on principle? I think the likelyhood of recovering any more than that is slim.

I highly doubt it would happen to me. First, I probably wouldn't be interested in working with a foreign company. Second, if I were, I would be very wary. I wouldn't work for 1.5 months without being paid - especially if it were a new relationship. That isn't because I am smart or anything ... just that I can't afford to go that long without $$$

I guess buyer beware applies here. Experience points: +5


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guest
Post subject: Posted: Wed Jul 13, 2005 10:24 pm
But what is the companies name???? We can make them pay by avoiding their products and services! No one wants to deal with dishonorable companies!


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RF_dude
Post subject: Posted: Wed Jul 13, 2005 11:16 pm
Hey IR, kpainter

I agree that lawyers here are very expensive...today I was talking to one who asked me for $700 for a two hour consultation. I also agree that its not worth pursuing for the salary..i want to do it for a coupla reasons:
-to teach them a lesson so that they do not do it with anyone else
-they can potentially earn lots using the work that i did for them from here..those people didnt know anything about RF and wireless (I am not saying that I know a lot..but I had researched tons for their project)

i would prefer not to disclose the companies name..would just say that it is a new company formed in 2002 (hardly few people working in it)... dealing with USB analyzers....i was supposed to develop wireless usb analyzers for them....(enough hint i think)....

anyone can give me suggestions/directions on what to do next are welcome....

luckily enough, i got another job in US....


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RF_dude
Post subject: Posted: Wed Jul 13, 2005 11:19 pm
Hey kpainter,

I guess I have also earned +3 experience points here inspite of being a recent grad ..i'm glad this happened early in my career n not later....i'll b more careful next time.. just joined them thinking that the job profile was great and that I had a lot of scope in learning wireless, RF.. but fell on the face..


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IR
Post subject: Posted: Thu Jul 14, 2005 1:27 am

Site Admin


Joined: Mon Jun 27, 2005 2:02 pm
Posts: 373
Location: Germany
Hello RF_dude,

Based on the hints you gave, I located the company that misled you. Well if I was them, I wouldn't do such a thing that might ruin my reputation, because they are starters as you mentioned.

My first advice for you is to go to a lawyer specilizing in the Swiss employment law, might be from US or from Switzerland. As I mentioned in a previous post, a warning letter would make them think twice.

But- if you find that a lawyer is too expensive, you can disclose the company's name: After all if your story is true, then you are doing everyone here a big favour, because other people would avoid approaching them and even buying their products. A company that misled applicants, can misled also customers. After all, the world today is a small village and this would hurt them more than any lawyer in the world.

You have nothing to fear here, as posting their name would not be considered as slandering or defamation of character.

Good luck for you anyway!!

_________________
Best regards,

- IR


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IR
Post subject: Posted: Thu Jul 14, 2005 7:32 am

Site Admin


Joined: Mon Jun 27, 2005 2:02 pm
Posts: 373
Location: Germany
Hello kpainter,

RF_dude did his work for the Swiss company from the US, based on good faith and a viable working contract signed with them. I don't think that there is something wrong with that. On the contrary, he showed initiative here to begin the work before the formal starting date. In return, these bastards used it against him and didn't bother to pay his salary.

The case of getting just a 1.5 month salary back or more is all dependant on the law, the lawyer and his will. Morevoer, in many cases the side who is forced to pay compensation also pays the court's, including the lawyer's fees.

I truly understand RF_dude, because I am the guy who published the case about the New Zealand company. I have had similar experience with overseas employer. However, New Zealand is much more primitive country in terms of employment law than Switzerland. I started with legal procedures, but quickly realized based on the law there and on the advice I gto from a senior employment advocate (A professor of employment law in Wellington University) that the law explicitly stands to the favour of the employer rather than the employee. In Switzerland the law is more advanced and therfore the chances of winning in a court against employer are much better!

An overseas employment is an attraction to many people especially young, skilled and highly-motivated individuals, who wish to get better salaries and work in an international environment and by that to enrich their careers. Damned companies abuse these people because they know that only few would do something and claim their justice. This thing has to stop

_________________
Best regards,

- IR


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RF_dude
Post subject: Posted: Thu Jul 14, 2005 9:48 pm
Hi IR,

Thanks. I was exactly thinking of the same thing when I started working for them from here, that I would make a good impression by starting early.

I will try to get my case straight. If nothing works out, then i'll disclose the name of the company on this forum. If possible also use other methods of broadcasting my case some where prominent.

For now, i'm glad to be back in USA.. just got my H1B done


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catalinione
Post subject: Posted: Tue Apr 11, 2006 12:42 pm

Lieutenant

Joined: Tue Apr 11, 2006 8:47 am
Posts: 2
Hi RF_dude,

it's really awful what happened to you

I cannot understand company's decision. I assume they had to fight for you - in order get a swiss working permit, right? It's *at least* weird that, after they obtained the working permit, they hired you ...

I'm wondering whether they ever got the working permit for you

Cata




Posted  11/12/2012
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