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What Happens if a Company Doesn’t Pay You for Work? (The Unpaid Consultant’s Dilemma)
San Jose Mercury News ^ | March 20, 2017 | SCOTT HERHOLD

Posted on 03/21/2017 8:31:56 PM PDT by nickcarraway

“I actually thought we would get paid,’’ said Dinesh Khurana. “But this has lasted so long. To be very frank, I’ve lost hope.’’

When Dinesh Khurana came to California from India as a tech worker in 1995, he assumed the American system of employment had a basic underpinning of fairness.

It went this way: You did the work. You were paid for the job. Sure, there might be an occasional hiccup. But generally the check arrived. America was the land of the free, not a corruption-ridden place.

Even when he became a consultant — and had to fend for himself rather than depend on a regular paycheck — he found he didn’t worry too much about the money arriving.

The last few years have robbed him of that illusion. And while Khurana, a baldish man with a mustache and a megawatt-smile, can still shrug at his plight, it’s painful.

To be specific, it’s $42,258 of painful. That’s the amount that Khurana says he is owed for consulting work by an Illinois company called Quadrant 4 System Corp.

Nobody says that Khurana didn’t do the work. Nobody says his performance was unacceptable. But in suing to get paid, he’s come across a legal paradox worthy of “Catch 22.’’

He’s also learned a few things about his Illinois employers. Last November, the CFO and the CEO of Quadrant 4 System were charged with wire fraud and certifying false financial reports. Federal attorneys have noted that they are presumed innocent until convicted.

A Punjab native with a master’s degree from an Indian technology college, Khurana came to the U.S. on an H-1B visa, working first for Oracle and then Electronic Arts. He got a green card in 2000.

(Excerpt) Read more at mercurynews.com ...


TOPICS: Business/Economy; Local News; Miscellaneous
KEYWORDS: consulting; employment; siliconavalley; techconsultant; technology
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1 posted on 03/21/2017 8:31:57 PM PDT by nickcarraway
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To: nickcarraway

Let him go back to India. He and good riddance.


2 posted on 03/21/2017 8:35:09 PM PDT by Reno89519 (Drain the Swamp is not party specific. Lyn' Ted is still a liar, Good riddance to him.)
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To: nickcarraway

He’s had a green card since 2000 so how is this different from anyone else not paid for service????


3 posted on 03/21/2017 8:36:59 PM PDT by reed13k
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To: reed13k

It’s not. I’ve had the same thing happen, and I’m a lifelong citizen.


4 posted on 03/21/2017 8:41:42 PM PDT by nickcarraway
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To: nickcarraway

Seems like it wasn’t that the end customer wasn’t paying...it’s the agency that isn’t paying. The agency’s customer should get an agency that isn’t a scammer.


5 posted on 03/21/2017 8:43:35 PM PDT by Aria (2017: Stay strong POTUS - the left lost control of trillions & will do anything to regain power.)
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To: nickcarraway

I’m wondering why he stuck around after he didn’t get paid the first time ....


6 posted on 03/21/2017 8:43:36 PM PDT by stylin19a (Terrorists - "just because you don't see them doesn't mean they aren't there")
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To: Reno89519
Agreed.

Don't let the door hit you in the ass on the way out, Babu.

7 posted on 03/21/2017 8:45:43 PM PDT by UnBubba
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To: stylin19a

Yeah, how does it get to $40,000 without anyone noticing? Unless he wasn’t a lone guy, and had employees, and $40K was a few weeks worth.


8 posted on 03/21/2017 8:46:40 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Reno89519; UnBubba

With attitude’s like that, why do you guys want to live in the U.S.?


9 posted on 03/21/2017 8:48:15 PM PDT by nickcarraway
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To: Still Thinking

“We uh, we fixed the *glitch*. So he won’t be receiving a paycheck anymore, so it will just work itself out naturally.”

-The Bobs


10 posted on 03/21/2017 8:52:21 PM PDT by digger48
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To: nickcarraway

Rule #1 in business, knowing your terms and sticking to them (published and your trigger points). If you have not been paid on time always assume the worst and protect yourself, work with the customer diplomatically so you do not lose customers who just need a nudge. Promises are not an asset.

This man is racist to assume America has no scumbags.


11 posted on 03/21/2017 8:57:26 PM PDT by dgbrown
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To: nickcarraway

You beg, plead, harrass, and if nothing else, you sue.

Who doesn’t know this?


12 posted on 03/21/2017 9:26:14 PM PDT by bigbob
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To: nickcarraway

This happened to my dad several times. Most of the time he just kind of rolled over and let them (he’s kind of a doormat most of the time), but one time he decided to fight back, and was able to put a lien on the company’s property in a way that kept them from being able to do business until it was cleared. They cut the check as soon as their first customer complained.


13 posted on 03/21/2017 9:30:51 PM PDT by Ellendra (Those who kill without reason cannot be reasoned with.)
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To: nickcarraway
C'mon Nick. Wake up.

You don't think I would offer my services to a corporation and work more than one pay-cycle without getting paid?

Do you?

Don't be a damn fool.

14 posted on 03/21/2017 9:45:23 PM PDT by UnBubba
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To: nickcarraway

Put a lien on company’s buildings, land, equipment. It’s cheap and looks terrible on their balance sheet. Easy to file.


15 posted on 03/21/2017 10:11:20 PM PDT by stocksthatgoup (There will come a time when those screaming Fascists are in fact the actual Facists. W Church)
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To: nickcarraway

He sues for a business debt, just like anyone would do. Good luck collecting, though. MIF, Dinesh, MIF.

Love Milo M.
M&M Enterprises ... and everyone has a share!


16 posted on 03/21/2017 10:15:18 PM PDT by NonValueAdded (#DeplorableMe #BitterClinger #HillNO! #MyPresident #MAGA)
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To: Aria
Seems like it wasn’t that the end customer wasn’t paying...it’s the agency that isn’t paying. The agency’s customer should get an agency that isn’t a scammer.

He should have talked to the end customer right away if he thought they wanted to keep him. Failure to pay should be counted as a breach of contract so any contract terms not to work directly with the end customer go out the window.

17 posted on 03/21/2017 10:43:11 PM PDT by KarlInOhio (a government contract becomes virtually a substitute for intellectual curiosity - Pres. Eisenhower)
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To: nickcarraway

Whatever.

I worked at the Largest Ford dealer in San Jose.

In 18 months they never paid me on time.

In 18 months they rarely credited me with sales, instead giving them to other sales men, even though my handwriting was all over the paperwork, the sales originated in their CRM, and even when I showed them pictures of the correct sales, it was often too late to correct.

Not properly crediting sales resulted in the loss of commisions on the vehicles, additional products and bonuses.

They also handed out Spiff Check, which come directly from Ford, very late, sometimes as long as two months after receiving them.

As if to make some point, my final day I was handed my final check and my spiff check from 6 earlier, which I had asked about and wondered when it would come in, if ever.

last month I received my 1099 from Ford regarding spiffs and there is no way I received the amount they have on the 1099.

What to do, what to do?

Eff em and I moved on.

I don’t get to win every time and focusing on this is a waste of time and would prevent me focusing on my future.

Oh, and I heard a myriad of excuses as to what happened, all of it somehow being my fault.

Which is weird, because I turned in completed paperwork with my name all over the sale.

Hell, the last excuse was “Maybe you are doing something in AP?”

I laughed and politley bid him a good day.

WTF do I have to with AP aka “Accounts Payable”? Well, that would be: “Exactly Nothing”.

I didn’t and shouldn’t have access to AP

And since they never seriously addressed the issues not bothered to pay for my late fees, which incurred as a result of their culture of conceit, I will never call them friends again.

25 years of knowing them and never guessed that is how they operate.


18 posted on 03/21/2017 10:48:05 PM PDT by Vendome (I've Gotta Be Me - https://www.youtube.com/watch?v=wH-pk2vZG2M)
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To: nickcarraway

If the company has a real HQ in New Jersey, and the P signed the agreement there, and if he did any work there, he is screwed, Absent any of those conditions, the designated Venue may be breakable.

Get any agreement read by a lawyer before you sign it.


19 posted on 03/21/2017 10:58:37 PM PDT by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: nickcarraway

Seems a few new jerks don’t mind people getting ripped off because they are foreign. I do consulting overseas. I wonder if those two think i should get ripped off just because I am not a citizen where I work. And I have lost 10s of thousands over the years with companies going bankrupt or closing. No one ever told me “get out and good riddence.”


20 posted on 03/21/2017 11:09:32 PM PDT by Organic Panic (Flinging poo is not a valid argument)
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