RANT (D15)

Let me qualify the following rant by emphasizing it is about our legal and corporate system and the few rotten apples who hide in those shadows...

As most of you know Steve signed a contract with a "Gentleman" in October for a job lasting 6 months and paying $x/hour. To say we thought it was "our break" our good footing to go forward would be sentimental and emotional so I'll leave that part out. Steve worked very hard for him, often put in more than his 40hrs a week, and was patient when he asked for time in paying his invoices b/c the excuses seemed legit and Steve's a good guy. I, being much more pessimistic about people and life and cynical in general worried that something was amiss, but Steve was confident this guy was genuine and deserved the benefit of the doubt. I don't say that in an I-told-you-so way, just to illustrate how accomodating and trustful Steve is at heart. By January Steve reluctantly told the man he could not work for no money and he needed to be paid. The response? "You can't squeeze blood from a stone".

Since January, Steve has actively sought to obtain the money owed. He has talked to lawyers who basically say without money to pay them, they can't get his money back. If we had money to pay legal fees, we wouldn't be stressing out so much about the money Steve is owed. Steve filed a Small Claims case and won, then handed the judgment off to the sheriff who is responsible for going after the money through the banks - they have frozen his accounts. The problem now is that there is no money in the accounts. Of course not.

Every time I try to write this out it becomes muddled and convoluted with bitterness and anger and why-us woe, it's hard to explain it clearly and straight forward. In part, I don't understand the process and policies that ALLOW this to happen. I need to do more research. Let's list it:

1. Steve worked 3.5 months and was paid for a small portion of that time.
2. Money was promised in signed contract, but never delivered.

It is sometimes difficult but always important to remember that this issue involves SEVERAL other employees/contractors besides Steve.

3. Bad cheques were written to Steve and to other employees - several at a time suggesting the Gentleman knew they would not go through.
4. Several times a date was set for payment and almost all of the times the Gentleman backed out at the last minute. The time he followed through with the meeting and hand off? See #3.
5. The Gentleman assured that money was coming in through gov't loans. Hindsight and rumours tell us that it is likely he had the money all along.
6. Steve had to end the contract saying he could no longer work under those uncertain terms, the Gentleman acted aghast that Steve lost his patience.
7. A month later when Steve used a lawyer to try to secure the funds, the Gentleman briskly cut all ties with Steve assuring him there was no money for him to receive.
8. The Gentleman continues to make appts with other past employees to give them cheques, which are consistently cancelled or bounced. Repeated deceit.
9. Steve has prepared, filed and won a case in Small Claims Court, and has followed process to hand the issue off to "the law". The sheriff's office has frozen his accounts - well the ones they know about anyway.
10. The process of the Small Claims Court case has put "a mark" on the Gentleman's credit for five years...

BUT... and here's the kicker...

You have to separate "the Gentleman" from his company "X". Because his company is incorporated, "the Gentleman" and ALL his personal assets are considered separate from his company "X". Therefore, when the sheriff goes after the money, when the credit is flagged, that only happens to "X", not "the Gentleman" - EVEN THOUGH he owns the company BY HIMSELF, and has acted alone throughout these events on his own. All he has to do is close down "X", declare it bankrupt, and it all goes away. He can start again fresh tomorrow with Company Y or Z. Inspite of the fact that the Gentleman HIMSELF has lied, cheated, stolen money, acted fraudulantly, nothing can touch him because he acted on behalf of a business, and the business has nothing left to give. Tell me how that's right? Joe Blow decides he wants to off his wife. He sets up a new identity as John Smith, new accounts, new license, new SIN and Health cards, new identity. John Smith kills his wife infront of a room full of people. Joe Blow shreads all the John Smith identification so he no longer exists and says " 't wasn't I!" and that's that. Rediculous, don't you think? Okay, so money owed and murder aren't equal - let's say John Smith robs a bank? In this case, Joe Blow "the Gentleman" IS John Smith, Company X, but the legal process buys the mistaken identity defense.

What do we do now? It is apparent there is no money forthcoming. And oh, how we need it. Steve is preparing a package to give to the RCMP and to the gov't agency who "loaned" the money to the Gentleman, outlining his actions. We are considering approaching the media. We have little hope of ever seeing the money Steve is owed, but it is our hope that he will be stopped from doing this again to someone else. I even have a lofty thought that if we could illuminate just how rediculous the policies around this situation are, maybe someday, someone, somewhere might change them.

N