FiveFingerDiscount.com? 418
phillippaxton writes: "According to this link, dot-bomb victims are creating their own severance packages, no doubt walking away with the typical office tchotchkes (staplers, tape dispensers, etc.) but also big ticket items such as plush furniture, copiers, high-powered network servers, etc. One anecdote cites someone who lifted $445,549 of equipment, then tried to sell it on eBay as a company liquidating their assets." On the other hand, the fact that it's illegal to stiff your employees out of wages due them, even in a bankruptcy, isn't mentioned in the article...
Boss's car? (Score:2)
The nerve of these geeks... (Score:3, Funny)
Yeah, heaven forbid that these geeks, after putting in 80 hour weeks, would feel they're entitled to anything other than an asskick out the door- far more important that some grasping VC gets
Re:The nerve of these geeks... (Score:4, Insightful)
A zealous opinion indeed. In fact, when I first read the article, I wholeheartedly agreed with you. Once I got over the emotional charge and saw the situation from a rational perspective it became very simple: These employees don't own this equipment, period. This is the only conceivable arguement. You have to remember that these geeks are getting paid for their 80 hour weeks. They are not entitled to the equipment that their employers paid for.
Re:The nerve of these geeks... (Score:4, Interesting)
I went through this at a dot-bomb. We got paid monthly and the last month, we didn't. Our VC (Andy Evans, the dirtiest son of a bitch alive) did some corporate paper tricks to make it so that the company didn't have any assets, so there was no recourse for us. He effectively got out of
paying 30 people with a totally clean nose.
So, we took the equipment, to make up for our lost wages. I feel that I'm more than justified, because
a) this company OWNED the equipment I took [which was much less than other people took - I didn't even take my laptop] and
b) you don't not pay me. Period.
There are few judges that are going to throw the book at you for just keeping the gear unless you attempt to do something fraudulent with it later. And furthermore, it's just the right thing to do, all you Kohlberg-4 "I'm scared of the law" 'people' notwithstanding.
I LOVE this quote! (Score:2)
employees feel okay about absconding with equipment:
"They may have difficulty blaming themselves
when they get laid off, so they direct their
anguish at the company."
uh, yeah. earth to psychologists: the people
getting escorted to the dot-com's door rarely have
anything to blame THEMSELVES for, and frequently have their
lying, hot-air-blowing dot-com execs to blame for
MOST of their turmoil.
raise your hand of you've heard this one:
"I know it may seem ridiculous today that you're working
80 hours a week for 40 hours' pay, but won't you be
loving life when those options pay off???"
yeeeah buddy...
The law in Canada... (Score:3)
Re:The law in Canada... (Score:2)
Re:The law in Canada... (Score:3, Insightful)
The law very clearly states that you liquidate all assets (including laptops etc) at the best price you can get within a short timeframe, and you pay the creditors off in the order stipulated by the law.
If an employee is stealing goods from a bankrupt company, they are not stealing from the shareholders or from the VC, but from the creditors that came before them (unless the VC's investment is in the form of cash debt as opposed to equity, at which point he will have a higher position in the payment order).
There are very sound financial reasons for why this order of payment is considered right. Primarily because if you ask someone to take a purely financial risk in a business (ie Debt but no say in the running of the company or selling them goods or services on credit), then a failure to ensure that they get their money back early within the framework of a liquidation, will make them unwilling to finance this kind of investment in the first place.
Dot coms were not the victim, by and large, of bad management. They were based on poor investment in the first place as their assumptions about market size were over-reaching from the very beginning. People who chose to dump promising careers in established industry, or chose to not go into those industries in the first place because they thought they could make more money in the dot-com sector, were taking exactly the same risk as equity holders. The equity holders still got paid less at liquidation than employees (equity holders come last in the list). When someone joins a company with a screwed up business model, they are choosing to enter into a risk, and have their eyes wide open. When the company fails, they get paid AFTER the liquidator and the creditors. In a company whose main asset is a "good" idea, there's no way the equipment is even going to be enough to pay off the creditors, so it's unsurprising that a number of employees have received less than (sometimes none of) the amounts outstanding to them. This always happens in liquidations, but you don't always hear of people walking off with the furniture. I don't see why any exception should be made in judging the behaviour of dot com employees when they take things that do not belong to them.
It's a sad fact of life that when a business fails, not everyone who is owed money gets paid as there isn't enough money in the bank to pay them. Being dishonest by trying to jump the queue when it's not your right is morally ambiguous at best, and criminal at worst.
To the poster who said his VC screwed around with the assets and somehow clawed cash back - I'm not condoning the VC doing anything illegal/immoral either, so I can't comment on that, although if the VC was an equity holder, I don't see how that would allow them to get money back, unless the rules are very different there.
Re:The nerve of these geeks... (Score:2, Informative)
Yet, they'd convinced the owners and staff for considrable time that they were a great company with a future. When I tried pointing out Envision's problems and Evans' background to friends of mine at PureEdge, I was viewed as someone with an axe to grind against *both* companies (when all I wanted to do was to sound the klaxons -- last thing I want is to see my friends out of work).
The guy has both fraud and securities fraud convictions on his record. He's bad news. I don't blame you, even a little bit, for taking what you could.
Re:The nerve of these geeks... (Score:3, Interesting)
There was that article on F**cked Company and here on Slash about the guy who sent out the memo detailing his rage at people who were only putting in 40 hrs a week on the job. (can't find the link quickly, but I remember it)
How many weeks can you run at 80+ hourd a week before you start to burn out? even if you have been sold on that dream of the company going big?
Reminds me of one gal I know who was hired at a company at big bucks, and went max out for the first month or so. When she cut back to more human levels of effort, people had gotten used to her level of production, and had started to depend on it. This was not a good thing.
So some companies can also get used to people producing at maxed out levels of production. This is not a good thing.
So I can understand people making the justifications they do. But it was sort of a trap of the spirit, baited with greed. Once you are in the trap, it is hard to find a way out, even if you wanted to.
Re:The nerve of these geeks... (Score:4, Interesting)
Heroic effort is not a sustainable business strategy.
Burn out your best people and you'll crash the company.
Re:The nerve of these geeks... (Score:2)
Re:The nerve of these geeks... (Score:2)
Wait, check that. We need to work *for* you.
Hiring in the Bay Area?
Death March Projects (Score:5, Interesting)
I just came out of a Death March culture/company. 2.8 years of ever increasing fantasy expectations (what they wanted us to do) combined with ever decreasing fulfillment of contractual obligations (what they did with respect to their contracts to their employees).
Vacation became regarded early on as "theft from the company" - and was denied. Taking a sick day was regarded with significant suspicion.
Performance incentives (rewards for completing impossible death march projects) were tossed out - and amazingly, the teams would nail them. At the last second, the company's controller would interfer with one of the last steps (like authorizing a leased line to be ordered) and wala... the team would miss the deadline by hours and lose the bonus. Typical 'Lucy taking the football away' behavior.
Then salaries were reduced by 25% "to make the business plan look better to investors" (while senior management still drove leased bullet-proof mercedes, lotuses, ferarris and such) with the 25% to be paid at year end as a balloon payment (don't ever try this, friends!). Except guess what never showed up at year end? Then that was used to string you along to stay at the company - sort of a reverse option: "Quit and you'll never see the $50K+ we owe you!"
Then payroll started slipping. Most of the sane left then. Those who stayed worked for several months without paychecks - buying the promises of great riches. They got booted finally - firing the entire technology office in another part of the country without leaving anyone to control the assets. Their plan? Threaten the just-fired employees to work for free and inventory and package up the goods for shipping, or be accused of stealing anything that goes missing. "If you don't come in next week and ship it to us and something is missing, you know who the investigators will believe kept it."
Many of the former employees held onto items for collateral. Can you blame them? "Pay up the cash you owe and we'll release the equipment back to you." In the various colo centers the company used, the colo venders are using the same approach with respect to getting the past-due bills paid: pay us and we release your equipment.
So what's wrong with this?
*scoove*
Re:Voila (Score:2, Interesting)
A few weeks ago here I saw someone use the phrase "by enlarge" where they obviously meant "by and large". Before I went and anally nitpicked this post, I had to go and look it up to make sure I was actually right.
Turns out this phrase has a nautical origin. I didn't know that. I picked this up, just like everyone else, by hearing it in a context meaning "for the most case" and just started saying "by and large" without knowing what it meant. Fortunately, there are abundant resources on the web to satisfy my anal-retentive nit-picking research needs:
Nautical Expressions in the Vernacular [io.com]
"Captain Harris was already explaining by and large. With a piece of fresh Gibraltar bread and arrows drawn with wine he showed the ship lying as close as possible to the breeze: '. . . and this is sailing by the wind, or as sailors say in their jargon, on a bowline; whereas large is when it blows not indeed quite from behind but say over the quarter, like this.'
The origin is nautical, and had a very precise meaning. It was an order to the man at the helm of a sailing ship, meaning to sail the ship slightly off the wind. A similar command was "full and by" which meant to "sail as close to the wind as it can go."
Re:The nerve of these geeks... (Score:4, Interesting)
Hear hear. As long as you're sure that your employer actually owns the equipment, and that you're not going to get paid what you're owed or have been promised (written or verbal, and your immediate boss does in fact represent the company, so her bullshit promises are binding*), then I have no problem with swiping hardware.
The way that I'd prefer to do it is to agree to take hardware at a reasonable price, below retail but way above fire sale, in lieu of wages, bonuses or benefits. But I have no illusions that the survivors in my company will have the basic shred of common sense to agree to that, as they refuse to do it right now for obsoleted hardware. It's (confidentially expressed) company policy to retire hardware through theft, as it's easier than selling it on to employees!
This isn't an abstract issue for me. It looks like my reward for finishing my current project will be to have my office closed as being surplus to requirements. We're already training our (younger, cheaper, more gullible) replacements. Meanwhile, management exhorts us to work harder to deal with the problems of moving more and move responsibility and control to the parent office. People are putting in 80 hour weeks, and many of them are in denial that we're going to get cut. The decision will be made by accountants in a board room 3000 miles away, and it won't involve anyone we can impress with our hard work and dedication. This isn't a dot-com, it's an established tech company that's screwed up big time and has grasped further than it can reach.
My response? Work the 40 hours a week that I'm paid for, goof and surf for 20, and keep track of where the good toys are, for when the "We regret to inform you" announcement comes. While everyone else is wailing and gnashing in betrayed anguish, I'll be slipping a Sony Viao and hard drive into the bag I keep ready under my desk, then I'll scoop up a flat panel monitor and an 802.11b access point while I wait for the 200 copies of my resume to finish printing**.
I have no illusions that this is theft. But, you know what? I really don't give a fuck. I trusted my employer, and they've already screwed me over with impossible demands, tortuous contracts, and farcically worthless stock options. If they make the final betrayal, I'll loot the office without hesitation then sleep very soundly in my bed, believe me.
* I live in a jurisdiction where verbal contracts are legally binding. You should try it, it's very refreshing.
** If you think this is the actual list, or that I'm going to store my loot anywhere findable, dream on. Find another point of idiocy to deride.
Advocating theft is "interesting"??? (Score:2, Insightful)
As for people feeling "cheated" about their options and pay - well, guess what, you entered into that employment voluntarily. If after twleve months you feel the deal was not equitable, you are a moron for having ever entered in it, plain and simple.
You are the master of your fate you amoral fuckers. Just because life hands you a lemon, you don't get a blank check to commit theft.
Re:Advocating theft is "interesting"??? (Score:2)
They entered into an agreement to get paid. The other isn't carrying through with their agreement. They have a right to feel cheated.
Re:Advocating theft is "interesting"??? (Score:2)
I keep my dignity in a Tic Tac container with my ego and self respect. It used to be too big to fit, but the last revision to my contract, where I agreed that I was privileged to be allowed to work here, shrunk it right down.
Welcome to the corporate world, the one that actually produces products that people buy. It's a big old morass of fear and loathing.
Re:Advocating theft is "interesting"??? (Score:2)
20 out of 60. And I do put in the hours I'm contracted for, and agree that the bastards sitting doing nothing, waiting and hoping for a severance package, are screwing the company right now. I'm going to be a model employee until I'm no longer an employee.
Yes, because it's always that black and white. I have a mortgage to pay, and my contract has turned from "We love you" to "You're lucky to be allowed to work here" in a series of revisions over the years, each one of which, taken in isolation, wasn't quite enough to prompt me to start the interview round, screw with my pension, admit that my stock options were worthless... I'm not a moron, I'm a spineless wimp. Get it right.
Again, get your insults straight. I'm immoral, not amoral. I know fine well that it's wrong to steal, but I've make a conscious decision to do it anyway.
If, and here's the bit you're missing, if I'm pushed to it. Wait until you're in this situation (bent over a desk, taking it up the rear every day with the justification "Because we can") then see if it's as easy to decide right from wrong.
Re:The nerve of these geeks... (Score:2)
Scotland. It's an uncommon legal quirk, and you'd better have witnesses and such, but it has some interesting effects.
For example, it's common in England for a house seller to agree verbally to a sale, then actually sell the house to a higher bidder (known as "gazumping" for no readily apparent reason). That doesn't happen nearly as much in Scotland. You can still get screwed, but it's less likely, and you do have the law on the side if it comes to a dispute.
By the way, I know that two wrongs don't make a right. But I'm not going to pretend that I'm above the "you started it" school of morality.
Re:The nerve of these geeks... (Score:2)
If your employer pulls the ever famous 'WHOOPS, you just worked for free' bit, and skips out on the check, I really don't see what is morally wrong with taking assets equal to the value of what's owed you. After all, what you're doing is saving the company the overhead of having to deal with an asset management Company to find the money with which to pay you.
Insurance companies (Score:2, Insightful)
If anyone knows where I can get an Aeron cheap though, let me know...
Caught in the act (Score:2, Funny)
Sign of the times. (Score:3, Insightful)
Re:Sign of the times. (Score:2)
I'm sorry, but if a company fucked me over by not giving me my paycheck, and not offering an explanation, things are either going to start disappearing from the office, or servers and networks are going to begin to go down, consistently.
First you turn the other cheek, if they continue, then it's an eye for an eye; that's just how the world turns.
Re:Sign of the times. (Score:2)
However, if the company's going under anyway, then all you're really doing is stealing for the company's other creditors (including the other employees), rather than from the company itself. Also, I suggest you RTFA with regard to the leasing company issue -- in many cases, you're just stealing from the company that leased the item to your company.
Re:Sign of the times. (Score:2)
Re:Sign of the times. (Score:3)
The people that do this are just untrustworthy thieves and the company should have done a better background check to begin with.
Likewise, the employees should have done a background check on the company before doing work without getting paid first. By working in that manner, you're granting the company credit, so you better check its credit rating.
Getting wages owed you (Score:4, Interesting)
I have been a victim of this, and am owed approximately $7500 by my former employer, who one day decided not to pay anyone (not lay us off, just not pay us; then offered no explanation for two weeks). Does anybody know what recourse there is for people like me to get the money owed them? And what to do if the corporation for which you worked is dissolved? Can you go after the assets of the CEO and/or other executives? How? Through the Department of Labor (this is New York state) or through a private attorney? What has worked for people in the past?
Re:Getting wages owed you (Score:4, Insightful)
You go after them in bankruptcy court. Michael's intimation that somehow the employees' theivery is justified in these situations is just so stupid it makes me sick.
As for whether or not you can go after the assets of the CEOs, I believe you cannot. IANAL, but as I understood it companies are structured to protect the shareholders and executives from the creditors of the company. Now, if some of them were personally negligent, this might be different, but problems arising from their actions as executives of the company are probably not actionable.
Re:Getting wages owed you (Score:2)
Yet, the fact that the companies had the employees work basically for free without, you know, saying "Hey, it's highly unlikely that you'll ever see the pay for that" doesn't make you sick at all?
Re:Getting wages owed you (Score:3)
It doesn't make me sick. I sympathize with the employees, and they should do all they can *within the law* to seek remedy, but this is the way business works. *Individuals* declare bankruptcy all the time, leaving their creditors out to dry; does that make you sick ? Would you argue it was OK for the creditors to sneak into their house and steal the individual's belongings ?
When I worked for a dot-com-wannabe years ago, I had a problem with a pay check that kept bouncing. For a few days management was explaining this as being due to various sundry problems that were all, of course, the bank's fault. Finally I walked into the CEO's office and told him that I needed my money and that if I didn't receive it there would be a problem. We both understood this to mean I would not work anymore until I was paid what I was owed. I received a personal check the next day. My point is, I can't feel *too much* sympathy for employees who let their company get too far in arrears.
And as for your own justification of the theivery, I have a hard time imagining that any of these employees were *quite* stupid enough to be owed so much money that they could 'justify' stealing some of the larger-ticket items described in the article.
Re:Getting wages owed you (Score:2)
In the majority of cases I've heard of, the employees who are getting the kick in the ass of no pay aren't the ones making the half-assed command decisions that put the company in the toliet in the first place.
And as for your own justification of the theivery
Uh... where in my previous post did I justify the theivery as the "right" thing to do? I don't think that it's morally or legally the right thing to do, but to paraphrase Chris Rock "I'm not saying they should of stole that stuff.... but I understand!"
Re:Getting wages owed you (Score:2)
Yes. They do that. They're called estate sales. They take everything in your house/apartment, and put a price tag on it. Even the smallest thing will get a 10 cent sticker on it.
I used to go to estate sales, but after having found out what some of them really are, I can't morally justify going into someone's home and buying their stuff for cheap.
Re:Getting wages owed you (Score:2, Informative)
------------
as I understood it companies are structured to protect the shareholders and executives from the creditors of the company
------------
This is not true. The personal assets of the executives are protected unless they were used as collateral to secure loans. Shareholders get no protection - their entire investment is at risk. Creditors get paid first, then owners. Often a bank will put in executive compensation restrictions when making a small business loan specifically to prevent an owner from bleeding a company dry. If the company goes into bankrupcy court and you are an employee that gets paid AFTER working (you are in the "wages payable" ballance sheet item), you should be entitled to the same "pennies on the dollar" that the other creditors get.
Re:Getting wages owed you (Score:2)
Sorry, what I meant was that the shareholders and executives were protected from legal action by the creditors, such as I imagined the original poster to be seeking. i.e., the executives and shareholders are not *personally* liable for any debt undertaken by the company and could not be sued.
Re:Getting wages owed you (Score:3, Interesting)
Strong words. How about offering to take assets at near-cost prices in lieu of wages instead? Formalise the arrangement.
That said, if they work anything like my employer, they'll be too dumb to take the offer. I've actually been told that the fact of obsolete laptops being taken out of service through theft is tacit company policy. It's easier than Facilities and Information Services fighting it out to avoid administrating an employee purchase scheme.
I personally have been stopped and searched by security as I carried an obsoleted desktop to my car. It took me and my friendly local IS boss half an hour to convince them that it was going to be thrown in a dumpster if I didn't take it (along with the half dozen identical boxen already in there), and they actually made me write and sign a statement to this effect.
This is the kind of mentality that we're dealing with here. Assets left gathering dust or fire saled for peanets because nobody wants to be responsible for doing something sensible with them.
Re:Getting wages owed you (Score:3, Insightful)
As for your saying that Michael's statement that the stealing is justified is stupid and that all these disputes should be resolved in court, I can only say that right now I owe $2000 on my credit cards, ~$2000 to other creditors (gas, electric, phone, cell, cable, etc), have student loans to repay, owe $300 on my checking account and now it seems the one place I can actually live I will no longer have as the landlord no longer wants tenants in his house. I cannot afford to wait for bankruptcy court. I need money NOW. If my sleazebag employer had at least had the common courtesy and decency to warn me that the company was in trouble I would have been able to make some sort of preparations. But they left me high and dry and evicted from my apartment. I have been living since July 27 off donations from my family. I don't even know what to tell them at unemployment, as they have only 3 categories for "why you left your job": fired, discharged (laid off), or quit. I was none of these. I simply stopped getting paid. The company still considers us all employees and expected us to all work for free. I am serious about that. They thought we would all work for free. Anyway, I can understand why people would steal. The day before the payroll didn't happen, the company bought 60 new computers -- Athlon 1ghz 1gb ram whiteboxes -- to use as servers. I want at least 20 of them in repayment. I'm not planning to steal them, but I doubt I'll ever see my money (knowing the conman who is the CEO).
Re:Getting wages owed you (Score:2)
theoretically, you can force them into bankruptcy. my experience has been otherwise. several years of debtors exams, missing records, stalling, lies, etc. - all effective in stalling the courts until there is nothing worth litigating against.
look at the penny stock "pink sheet" companies that are reverse-merger products. you'll see this behavior all over the place. in fact, i've yet to find a reverse-merger product that worked...
Re:Getting wages owed you (Score:2)
You go after them in bankruptcy court. Michael's intimation that somehow the employees' theivery is justified in these situations is just so stupid it makes me sick.
Crap. The system is totally set against the worker (who do you think comes last in the list of who gets paid from the liquidated assets of a bankrupt company?), so you got to take care of yourself outside the system. Why should that laptop get sold so some bank the company owes money to can avoid writing off a thousand bucks worth of bad debt (amongst its billion dollar profits for the year) rather than being sold to feed the family of an employee who's been stiffed out of a month's pay? Employees should absolutely be the first to get paid when a company gets liquidated, and as long as they aren't, anyone who takes the law into their own hands is a Robin Hood figure, as far as I'm concerned.
Re:Getting wages owed you (Score:2)
As to going after the CEO's assets, there are essentially no cases in which you'd have any legal standing to do so, since the corporate veil was created precisely to prevent that. If you held stock in the corporation, then you might have a case against the management of the company if you could show that they mismanaged the company into the ground. Again, however, your odds of winning are very poor, and, frankly, probably not worth the expense.
The thing to understand is this: when employees are canned without severance, it sucks. It's sleazy, and disreputable, and the people who do it are the scum of the earth. However, beyond that, Michael's wrong -- what your employer did isn't illegal; we as a nation protect those whose businesses fail, even if they should never have hired employees in the first place.
That protection isn't one-sided, though. You weren't fired for cause, so you can collect unemployment insurance. You may well be eligible for other transitional programs, too -- exploit them. We all pay taxes to protect people like you, so don't waste the money we payed.
Re:Getting wages owed you (Score:5, Informative)
1) Employees get paid first. Period. If the company does not have the cash to cover payroll, they are in big trouble.
2) Creditors get paid second, usually in order of size or importance. This means that the bank gets their money and contractors get their take after the bank.
3) VC's get whatever is left (if anything). They put their money at risk, they knew the risk, and they stood the most to gain.
Now, in some states (I'm in colorado), if the employer does not pay in 15 days or so, you can send them a nice little form letter (available at the colorado department of labor's website) that basically says that if they dont pay in 15 days that they owe you triple.
Now, here is the real kicker: if they still dont pay, you can go after the company and then select officers of the company and the (yes, the ceo himself and usually the head of the board of trustees). Like I mentioned before, they are required to be able to meet payroll, and if they can't, They must lay you off before they run out of money, not after.
Anyway, that is the way it worked in my case. IANAL, but I play one on slashdot.
Re:Getting wages owed you (Score:2)
Re:Getting wages owed you (Score:2, Informative)
0) The IRS gets their cut and any back taxes, no exceptions. Anything left over then gets split up among the various creditors.
This is true for all 50 states and any territories.
Re:Getting wages owed you (Score:5, Funny)
Apparantly, stealing as much shit on the way out as possible.
Re:Getting wages owed you (Score:2)
i never actually took that much (Score:3, Funny)
Legit sealed copies of Windows 98, Office 2000, etc, which I could use to somewhat legitimize my computer. (at the time)
A fire extinguisher.
Lots of food.
T-shirts.
Half of a video camera. (The building had the eyepiece of an old Beta video camera stuck into the wall to make it look like a security camera. Obviously it wasn't working)
Lots of notebooks, papers, etc, for school.
And, I think that was it....the company never went out of business though; i just took it because no one was using it
Re:i never actually took that much (Score:2, Funny)
If you need to verify this story you can check the garbage dumps in Boston)
Re:i never actually took that much (Score:3, Funny)
Yeah. Right. I think they are commonly used in the case of a fire, i.e. not often - be sure to take the life jackets next time you're on a ferry, and remove the air-bag from your friend's car, as they are probably 'not in use either'.
two wrongs (Score:4, Insightful)
If (ex-)employees have a legitimate grievance with their employers, they can bring them to court. If they win, they get paid, and if they don't, they can chalk it up to misfortune and move on. It's ludicrous to suggest that getting stiffed out of wages goes anywhere toward justifying theft.
Re:two wrongs (Score:2)
And chalk up some legal fees if you don't have one of those "If I don't win the case, you don't pay me" lawyers.
Re:two wrongs (Score:2)
It is pretty awkward to sue a company that has just gone down the pan, owing you a month or more back wages.... and if you wait until the case comes to court, you will almost certainly win - against a company that has already sold all assets and handed over the money to the secured creditors (who aren't going to hand any back)
however, in some cases the assets are never owned by the company that has just gone under - a number of "asset loans" are just that - loans of the assets (for a nominal $1 rent a year and a stack of shares) in which case they aren't stealing from the dot-comm, but from the rental company (and of course, even if the dot com got real money, it may have rented, rather than bought, major assets such as servers.
You're preaching to swine, don't bother (Score:2)
Oh, by the way, these are the same people who want increased privacy. Go figure.
If the company is so broke... (Score:5, Interesting)
Reminds me of a story:
There was this coffeeshop where the owner was really bad at paying the employees on time. So the employees started taking their wages out of the register, and leave a note about how much they took.
Pretty soon they were always paid on time.
The moral of the story: if you want loyal employees, dont treat them like shit. And if you treat them like shit, dont be surprised when little acts of sabotage start happening.
-J5K
The thing you have to realize... (Score:2)
Secondly, for those items that the company does own, they actually belong to the creditors. That's whose money paid for those Aeron chairs and the Compaq servers and the Dell laptops. The employee did not pay for any of those things, and is not entitled to them.
Steal from companies does not hurt your bosses so much as it hurts the companies that trusted in your bosses enough to invest.
Re:The thing you have to realize... (Score:2)
[This is hypothetical. I work at a really stable company - so far]
Re:The thing you have to realize... (Score:2)
Does that entitle you to steal property that rightfully belongs to a creditor? No.
I'm not unsympathetic to the problem, but according to the law, the secured creditors get everything. If there's anything left over, then the unsecured creditors. Employees and stockholders fall into the latter category.
What about that guy in the article who stole over $400,000 worth of merchandise? Let's just assume that that company was able to pay off its secured creditors; then what he stole was coming out of the pockets of fellow employees who are also awaiting compensation.
Re:The thing you have to realize... (Score:2)
Is it really worth risking prosecution over a few thousand dollars' worth of equipment? You have to ask yourself, Are you prepared to explain in a job interview why you were caught looting your former employer? Chances are, it would never come up. But it might, particularly if you are going for a job that requires background checks.
How these things happen ... (Score:2, Interesting)
The guy who was actually in charge was an idiot though and things soon got to creeping up and biting us. One day a factoring company (do you have these in the states?) can take a dislike to you and the first thing you hear about it is a winding up petition and freezing all your bank accounts. To get round this we had to resort to some pretty dodgy (legally) measures - like having another company with a very similar name and using the bank account for that one - to be able to pay anyone (or even trade).
I bailed out in the end because I just couldn't stand the dishonesty - telling clients that "yes of course it's a legit copy of Netware - we just forgot to bring the manuals with us" and telling employees that "it'll all be OK - you'll get paid next week". I learned a lot in 2 years of working 120 hours a week - mostly about computers, but quite a lot about how not to run a company. At least one of the companies we'd registered went down within 3 months of me leaving. The idiot probably just went on trading and starting up new ones.
As a director (or whatever) it's OK to take risks (you have to take risks to succeed) but you shouldn't mess around with other people's lives. Your employees have rent to pay, kids to feed and lives to live.
Why blame myself for the mistakes of others? (Score:3, Insightful)
Uh, hello? If a company goes bankrupt (usually due to a crappy business model or incompetent management), why should the guy at the bottom (secretary, router tech, janitor) blame themselves?
I'd say the 80/20 rule holds true here - 20% of the employees are responsible for 80% of the business. If the 20% aren't doing their jobs, then the remaining 80% have a right to be upset with them. After all, the company does have a responsibility to operate in the best interests of all employees, not just the 20% that form the upper management.
Now, of course, stealing servers, routers and laptops is just wrong, but perhaps this should serve as a wake-up call to the management - it's time to start treating your employees right!
Re:Why blame myself for the mistakes of others? (Score:2)
Now we hit the crux of the matter: (PHB) We're out of business. Sorry, no paycheck or severance, just go home. (Employee) Oh, God: I'm sorry, sir. I knew I should have bought more widgets, but the garage is already full and little Johnnie can't even get into his bedroom any more. *sob* (PHB) Damned whiner! Get out of my way, peasant! Whoever hired you is fired!
Psssst! Hey buddy.... (Score:4, Funny)
Cheap! only $400 and barely used... only the sweat of 3 dot com geeks on it...
There is a MUCH simpler way to do this. (Score:2, Funny)
Best way to do this? Very simple. Use your company's shipping and receiving department. That's what they're there for. From you desk, sell office items on eBay. When it comes time to deliver the goods, box it up... at work... and give it to your shipping department (who, no doubt, will want to FedEx, UPS, or otherwise mail it with no later than two day delivery). Make the company foot the bill for getting rid of their own items.
This message is in jest. Please DON'T try this, gentle SysAdmins.
Gettting stiffed by the boss (Score:3, Interesting)
IANAL
Simple reasoning. (Score:4, Interesting)
The company I work for at the moment is going through chapter 11 bankruptcy protection, before I started they had a history of missing paychecks which many feel will never be payed.
They have not missed any of my paychecks, however they have provided a few hundred dollars worth of equipment so I can work from home instead of relocating to them.
And if I do end up being owed money I may very well choose to take, AS PAYMENT, that equipment, at whatever the market prices are for those parts new at the time (which seems more then fair).
Some may consider that theft, but I honestly can't see how, IF you are honest about it and actually tell the company that you are taking said assets instead of cash if they don't want to pay you.
I do have to wonder how many companys turn around and report such as theft though.
A programmer, who hopes for the best but keeps reality in mind.
Re:Simple reasoning. (Score:2, Insightful)
Consider the other creditors (including other employees) of the bankrupt company, who would otherwise share in the potential value of those assets.
Lawyer: not quite (Score:4, Informative)
>On the other hand, the fact that it's illegal to stiff
>your employees out of wages due them, even in a bankruptcy, isn't
>mentioned in the article...
Uhh, no. That's not the law. There is certainly a breach of contract when an employee does not get paid, but in the absence of prior intent not to pay, it's generally not a crime.
IN bankruptcy, it's a special set of rules. Employee wages up to a fixed amount (I forget the current number) are a priority claim; they get paid before the regular debts (but only to that amount). One of two things happen: 1) they all get paid, or 2) the "self help" took away assets that would have been used to pay all employees.
Walking off with the expensive stuff could solve the former employee's food and housing nees for a couple of years, though . . .
hawk, esq.
Re:Lawyer: not quite (Score:3, Interesting)
[Completely irrelevant aside: if somebody claims to be a "lawyser", shouldn't they be dispensing "legsal advice" or maybe "legal advuice" or something like that?]
OK, so how high a standard do you need for "intent" here? Here's what I think is an ordered list of possibilities as enunciated by a typical dot com executive; where would a judge start to laugh in your face?
I'm guessing you have to get all the way to the chapter 11 filing case to nail down intent; am I right?
Re:Lawyer: not quite (Score:3, Informative)
>state though. So you may both be correct- just not for the same place.
>(IANAL)
Bankruptcy is federal.
The criminal aspect of state law will not very all that much among states (you really couldn't cross the intent line I draw above and pass constitutional muster . .
hawk, esq.
Re:Lawyer: not quite (Score:2)
I'd be shocked, though, to find a state in which wandering off with the goodies is legal . . .
What about just refusing to return borrowed equipment (such as a home use computer) until your salary was paid? It seems like that would be breach of contract, not theft. Sure you might get sued in civil court, but at least you protect yourself from the companies executives disappearing and never being heard from again. IANAL, so this is completely speculation.
Re:Lawyer: not quite (Score:4, Funny)
oh, no. Implying that the self-helper gets three squares a day and an opportunity to do laundry for the guy with the most cigarettes . . .
:)
hawk
exaggerated losses (Score:2, Funny)
Yah, I can see the itemization now.
Re:exaggerated losses -- (Score:5, Funny)
One oscilloscope: $43,549
Having your story linked to Slashdot: $PRICELESS
For some bankrupcies, there are severance checks. And for others, fivefingerdiscount.
Fivefingerdiscount. It's everything you want to have.
Jeezuz... (Score:2)
You're right Michael - it's okay to steal and loot because some employers can't afford to make their payroll.
WTF are you thinking?
Re:Jeezuz... (Score:5, Funny)
Uhh, CmdrTaco? Better keep an eye on Michael when Andover starts running out of cash...
Re:Jeezuz... (Score:2)
I see where you're coming from. But getting laid off with no severance package *and* getting into trouble with the law at the same time isn't going to help anyone if they find their employer imploding around them.
I heard a story of a rival company to one I used to work for. They were teetering on the edge of bankruptcy, and when some employees came in one morning and found the place locked up, they panicked, broke in and made off with a bunch of equipment. Turned out that the office manager had just overslept that morning...
Treat people decently, they'll treat you decently.
Aye, sometimes it really is that simple.
Thievery. (Score:4, Interesting)
Nothing quite like making your employees feel like criminals when it comes to making them want to steal things.
--saint
(I know, this is probably chock full o' poor grammar. I just got to work and I'm working on my first cup of coffee. Deal with it.)
Bankrupt Companies (Score:2, Interesting)
Same thing happened a t a company I worked for about a year ago. The owner gave me a couple off nice office chairs, a computer desk, some monitors and a bunch of other stuff. They know people are giving it away as a kind of extra severance pay.
That's probably the main reason insurance companies won't pay for stuff.
Double standard (Score:4, Insightful)
Re:Double standard (Score:2)
Two wrongs don't make a right...
:)
but three lefts do
Still makes it a double standard... (Score:2)
When I got laid off... (Score:2, Informative)
Much ado about nothing (Score:5, Insightful)
The most common items stolen from tech companies by employees are laptops and handheld computers that cost less than $1,500 per item, asset managers say. But they are also seeing an increase in big-ticket theft.
The writer gives ZERO facts in support of this.
One anecdote cites someone who lifted $445,549 of equipment
The anecdote refers to a MOTOROLA (hardly a dot-bomb) employee. The employee used his "security clearance" to steal a lot of stuff; I'd infer that there were multiple thefts over time while still employed. Either that or Motorola is too stupid to disable employees' access cards when they fire them, or maybe their security guards let people cart out half a million dollars' worth of equipment whenever they feel like it.
The second largest number mentioned is $100,000...
somebody had cut a hole through the wall and stolen $100,000 worth of computers.
This is a flat-out case of robbery robbery. The writer carefully worded it to make it look to a casual reader like an ex-employee had stolen it but gives ZERO evidence for this proposition.
The only news here isn't news...laptops and PDAs walk off. If you call someone and say "Don't bother coming back," they'll take you at your word, even if they've got a company laptop at home.
I've been wrong all along... (Score:4, Funny)
And all this time, I thought it was OK to blame someone else for getting laid off. Now I come to find it was actually my fault all along.
Guess I ought to give them back their laptop.
Don't wait around. (Score:5, Funny)
1) You work for a DSL Provider thats NOT a bell Leave now.
2) You see your company on FuckedCompany.com.
3) Your stock is delisted, OR your IPO Is "Indefinately put on hold".
4) Your company starts to buy metal folding chairs instead of Areons, saving ~$575.00/ea
5) You have to start *gasp* PAYING for your cokes.
6) You work for a dot-com with an unreasonable business model - I.E. Sending a $4 20 Lb bag of furball litter, overnight priority mail.
7) Your CEO's last job was "PC Technician"
8) Your company holds "Effective Resume Writing" classes or begins offering discounted copies of "Knock 'em Dead".
9) You see a copy of "7 Habits of highly unemployed people" laying on your bosses desk.
Theres more. But if you see any of the above, its a pretty good sign you need to move on.
Saw this so many times... (Score:3, Interesting)
-Aeron Chairs
-Dell Servers
-Compaq Servers
-Dell desktops
-Cisco hubs and switches
-Sun desktops
-A pool table.
-Microsoft Natural Keyboards
-Speakers
-Electronic foot massagers (Really.)
-Books
-Any software package known to man
-Laptops
-DLT Cartridges
-Any SCSI equipment you could imagine.
I could probably make this list longer, but I doubt anyone wants to read it.
Fault?!?! (Score:2, Interesting)
Huh? Since I've never been in the 'executive chair' how exactly could it ever be my fault that I am being laid off? Its called being FIRED if I screw up. Seriously, this is passing the buck. It sounds like a consultant selling consolation to management and investors -- you f'd up but its someone else's fault.
Having played this game twice now, I think I have some experience -- first time gouged three weeks pay (I worked it, but never got paid). The second time I was given a 20% pay cut and told that I would still be expected to work overtime for free and then was laid off two weeks later anyway (no I never worked the overtime, I'm not that dumb). The second incident was very recently (last two weeks) and caused primarily because I work(ed) in the travel sector. My fault? I don't think so.
While I certainly don't advocate outright theft of large and expensive equipment. I have no trouble whatsoever understanding why people 'take stuff'. The investors and management never have a second thought about protecting their interests -- so why should you?
somebody I know did this, an "acquaintance" (Score:2, Informative)
Over the next few days, rounds of email were sent requesting back expenses, requesting back pay, then requesting a simple reply. None were forthcoming. One of the techs finally postulated that if the pres couldn't reply, the tech couldn't work. If the tech couldn't be paid, he would accept the tools in his possession in leiu of a paycheck and move on to another job. The pres NEVER even answered. The whole thing just defaulted away.
I wouldn't guess how "legal" it was. Weeks of work without pay, weeks of expenses without reimbursement. A peaceable solution proposed by the employee and never answered by the boss. It was just ugly. No, "sad" is a better word. That money never did come in. Sucked to be those guys.
--
-j
Working for free (Score:4, Insightful)
Ever heard of the Golden Rule? (Score:2, Offtopic)
In all of these situations, people need the help of strangers in order to make it. Fair dealing is the foundation of all organized society. Now more than ever, we need to treat others the way we would like to be treated.
It wasn't that long ago... (Score:2)
You can't have it both ways as a society. If you want to engage in theft in retaliation for being laid off, then expect such draconian termination policies (or worse) to become the norm.
Getting Screwed Is Not Just a DOT-Bomb phenomenon (Score:2)
My brother-in-law worked for them 15 years before the anouncement came that they were going out of business. To keep from having an employee mass exodus so that they could sell of all the remaining inventory, the employees were promised the following for staying the last few months:
Pay for unused vacation
A weeks pay for every year of service for severance
This money was to be mailed to their places of residence the Saturday after the Final closing date along with their final paycheck.
Saturday arrives and instead of the checks they get a letter saying that not only were they reneging on the promised severance and vacation pay, but they also were not getting their last paycheck.
My brother-in-law got screwed out of 20 weeks pay.(3 weeks vacation, 15 years service, 2 week paycheck)
Moral: Stick your company for everything you can get when it comes to salary and benefits, because they have as much empathy and caring for you as they do for the Xerox machine. Don't believe anything management promises, unless it is in writing AND signed. When the company looks like it is in trouble, abandon it like rats off a sinking ship, because that is what they would do to you.
This doesn't surprise me. (Score:2, Funny)
Self-compensation (Score:2)
From a 'smaller' point of view... (Score:3, Interesting)
The articles of incorporation (Canadian law, BTW) clearly state that in the event of a bankruptcy, or similar, all money oweing to directors of the company (me), will be paid in full before other debitors.
So, technically, if I declare bankruptcy, I could state that the company owes me $xxx,xxx.xx and hand over the company assets to myself personally, leaving nothing for the debitors.
IANAL, but I think I've got a good one! =-)
Does anyone use something similar, and has anyone had any personal experience putting similar rules into force? I'd really love to know what sort of a leg I have to stand on. Stuff in writing is only worth the paper it's printed on until you test it!
mindslip
"Take Stuff From Work" (Score:5, Funny)
In the immortal words of King Missle:
No... (Score:2)
And aeron chairs, while they aren't cheap, are definitely showy...
Re:Unusual item for sale ... (Score:4, Informative)
Re:Not paying during bankruptcy not :"illegal" (Score:2, Informative)
Employees are usually considered unsecured creditors as far as the US Bankruptcy Code is concerened. They get paid with whatever money is left after secured creditors (banks, suppliers, CEO's Golden Parachute, etc.) are paid. Holding company assets as "hostage" will just get a person thrown in jail for theft.
I've known several people who were never paid their final check after being canned when their company filed Chapter 7. They had no recourse whatsoever as it wasn't enough to sue the company over (which they couldn't do anyway while the company was in bankruptcy court). All they could do is file a claim with the court and pray.
This was in Arizona, which has few labor laws of its own (it is a right-to-work state that follows federal laws only reluctantly due to our anti-Federal-gummint attitude here). Other states may be different so you have to check your own laws.
IANAL either.