Do I have any rights here with my employer

[isoprox]

I was head hunted by my present employer back in March this year, from my previous employment of 12 years, my new employer had offered me a eight month trial period with a 40k salary to start then after the trial period my salary would drop down to 36k with a director role and dividends in with the salary, however my trial period has just ended and today I have received s letter stating that I would not be offered the directors role and my salary would drop down to 25k which 15k below the salary I was already on at my previous employer,I feel I have been mislead and totally devastated, I have had money taken of my wages for mobile phone use which I did not agree to, and up until today I have had no contract given to me, is there anything I can do, also I feel I have been harassed by the director sending me texts messages and emails through all hours on a night regarding sales and performance and even one night while he was out getting drunk with the other director sending me insulting text messages, can anyone help me with this

[isoprox]

I was head hunted by my present employer back in March this year, from my previous employment of 12 years, my new employer had offered me a eight month trial period with a 40k salary to start then after the trial period my salary would drop down to 36k with a director role and dividends in with the salary, however my trial period has just ended and today I have received s letter stating that I would not be offered the directors role and my salary would drop down to 25k which 15k below the salary I was already on at my previous employer,I feel I have been mislead and totally devastated, I have had money taken of my wages for mobile phone use which I did not agree to, and up until today I have had no contract given to me, is there anything I can do, also I feel I have been harassed by the director sending me texts messages and emails through all hours on a night regarding sales and performance and even one night while he was out getting drunk with the other director sending me insulting text messages, can anyone help me with this

[Emmzzi]

business start up by any chance?

 

What do you have in writing about what would happen at the end of the trial period?

 

Sounds to me like the business is not doing so well and they don't have the money to give you.

[isoprox]

all its says at the end of the trial period of eight months if my sales and management meets the expectations of the directors then I will be given the new basic salary plus a director position with dividends 100 shares 10% nothing about what their expectations are and nothing about what they would offer me if this was not going to be the case

[LaughingGirl]

So nothing that specifies what the 'Expectations' actually are, in a measurable way?

 

have you had any performance reviews since you've been there?

[isoprox]

no nothing specifies in the letter of offer of employment, we generally have a sales meeting at the end of a month but no performance meeting

[Emmzzi]

I don't think you have an enforceable contract there, sorry to say. Too vague.

[isoprox]

I understand that its not force able, however the thing is i would of never left my old employer to start where i am at now if they had told me at the end of the eight months i was either going to be made up as director or if they decided i hadn't made the grade drop down to the salary that they have just put in front of me which is now 15k year less than what i was previously on

[LaughingGirl]

Yes, but the problem is that without an enforceable contract, there isn't much you can do about it. what's happened to you is very unfair, and I have complete sympathy, I'm just not sure what can be done. I certainly don't see how you can force them to pay you.

[altobelli]

I'm sorry to hear about your situation, but I agree with Emmzzi and LaughingGirl.

 

The contract details aren't specific about what would happen if you didn't meet the sales and management expectations, but the salary and directorship weren't guaranteed. Were any targets agreed at the start of the contract or were there any indications as to how they felt you were doing during the eight months?

 

The other issues most likely won't constitute harassment, what were the insulting text messages?

[isoprox]

i agree the contract details are very vague ( letter of Employment ), looking back in hind-site I should of looked at the letter of offer thoroughly,to be fair I have only been there since March this year so wasnt expecting much as its under one year, more of advise really ammunition if you like to go back to the Director with, anyway have just had a heavy meeting with them today and basically expressed the fact that there was nothing in the letter of offer to suggest expectations, I had no target to achieve and more importantly no time scales given on bringing in new business, and the fact they lured me away from a company that I had been with for 12yrs on 40k basic and after eight months with my new employers they offer me a 37% wage decrease. To answer the question about the texts they were threatening text regarding my employment status with the company, but that was ok as the sent me apologies the very next day ( in there eyes that was ok ), also making me feel very small in front of work colleagues regarding sales figures and how I should just leave my car keys on the way out, all just jokes of course well in there eyes

[Emmzzi]

So what was the outcome of this "heavy meeting"?

[isoprox]

explained to them that when I was first approached by them they were looking at paying a salary between 25k-30k and I said to them at the time that I could not afford to come with my personal commitments at home and that they come back to me and offered the salary which I am on now, so why 8 months down the line have they insulted me with the offer that they have just given me the conclusion of the meeting is that they don't want to loose me but can not afford to pay me the salary that i started the company on, I have to go back to them with my proposals of what i will accept.

[Emmzzi]

could have been worse.. you have a wage while job hunting...

[isoprox]

suppose so, but to be fair I shouldn't have to be in this position, any way as i said in previous posts i was looking for some help with regards what to say, and still doesn't take away the fact they got me there u under false promises, and abusive texts and making me feel so small in front all other staff, so yeah i suppose it could of been worse

[Emmzzi]

I am afraid it is a lesson in not jumping ship for things which look shiney and getting a lawyer to check contracts. I am not sure there is much advice to give.

[bedlington83]

Why not accept the 25k but with a higher share holding than that proposed at 36k? That costs them nothing in cash flow terms and is potentially more lucrative for you in the longer term. (I'm assuming the company is profitable)

[LaughingGirl]

Out of curiosity, did you work for a competitor?

 

They originally offered you 25k, and after 8 months that's approximately what they've paid you. If I was a manager offering an employee a 25k pay cut, I would fully expect their resignation shortly afterwards, especially if they'd told me that with their current commitments they needed a £40k pay packet. Coupled with the obnoxious texts, etc. I would hazard a guess that they only expected to keep you for the 8 months - it's a very odd 'probationary' period, to be perfectly frank. As far as what to say, I'd take the £25k offer and start looking elsewhere.

 

Emmzi asked up thread - is this a start up company, or one transitioning to an SME by any chance?

[isoprox]

I was wondering if anyone can help Firstly I left my employment after 12 years to go and work for another company that dangled the carrot for me to go and work for them anyway that's another story, the company I went to work for bullied me and i hated the job my worst ever decision in my life i dreaded going into work every day, after a few months i had no alternative but to look for new employment which I did and found a new job that I had to start in Jan this year, as I was in transition with jobs in December I drove into a motor way station and bumped into an old friend, and i spent quite some time with him, what i didnt realise was i had gone over the time limit of the car park, which i did not until i received a letter from my ex employer with a invoice for the parking fine and also an invoice for my days wages, do i have to pay these, also I am awaiting a reference from them can they give me a bad reference with this ??

[Conniff]

Can I get this right. You had a nice long chat with a friend which took him over the stay time and he wants you to pay it ?

 

I can't understand what the bit is about him giving you an invoice for your days wages ?

 

No you do not have to pay the car parking charge, it is not a legal charge but a penalty notice and you can tell your friend (who seems not to be such a friend after all), that if he pays it you will not refund him. This has nothing to do with you. Even if it was a legal parking ticket, it is up to himself to keep an eye on how long he was parked and not try and pass the buck.

 

I wouldn't think this would justify a mention on any reference, it has nothing to do with your ability at work.

Edited January 20, 2013 by Conniff

[isoprox]

sorry if I made that confusing, no nothing to do with my friend, I was at work which my job involved driving and i was using my company car, i pulled into a service station and bumped into an old friend and we were chatting for a long time, i went over the maximum stay time for the car park, since then i left my employment and have just received an invoice from them for the parking fine and also a invoice for the days wages that they had paid me

[Emmzzi]

seems fair. you weren't working...

 

 

there will be something in the company car agreement about who is responsilble for fines (you)

 

I'd give you a fair but accurate reference ie left owing us money and was out at lunch when we thought he was working. I'd reconsider that if you paid up without a fuss.

[Conniff]

Ok, I understand now. The above regarding the ticket still goes. It is a penalty invoice, an invitation to pay and not a legal parking charge notice as would be issued by the council or the police, so don't pay it.

 

Why they want back a days pay needs explaining by them unless you stayed at the services with your friend for the whole day.

 

If you've already got another job I don't see the need for a reference from them.

[isoprox]

fair comment I was prepared to pay the fine anyway, but i thought the fact he was sending me a invoice for a full day was harsh and was just going to send him the money for the time i was parked up

[Conniff]

The thing is there emmzzi this isn't a parking fine so it matters not what the/any agreement says.