Extreme Disappointment & Betrayal (sounds Like A Chick Flick :))

[fishlette]

as some of you may know, i recently went through the process of buying the lfs i worked at. for the last 3 months we've been doing stocktakes and this and that and everything else to fill the time while solicitors etc got the contract, shop lease etc sorted. the "other" owner left me to run the shop for this entire time. her exact words to me when this first started was that she didnt want anything to do with the shop anymore and seeing as i was going to own it anyways, i might as well take over then. which i did, forfeiting pay to pay for stock orders as they had let things run down terribly. basically i havent been paid for 17 weeks in total as she was so slack with paying me even before i started paying for stock with my wages.

anyway, it took 2 1/2 months for the contract to be delivered to me. it was only 5 pages long. it was missing a list of what i was paying for and a stocktake and many other things. so i did the stocktake and all the stuff that was missing and took the contract back to the owner so that her solicitor could do up a proper one. this was 2 days ago. i should mention here that no, i didnt get a photocopy of the contract that she had already signed grrr

then this morning i had to harass her about paying my part time girl who was 8 days overdue for her pay. apparently, this was enough to give her the poops. around lunchtime i got a call from my staff member saying that judy (the owner) had come in to the shop, fired her and told her that she has another buyer for the shop and i should consider myself also fired. i thought it most inappropriate that she fired a staff member i hired and secondly that she spoke to hannah regarding the sale which as far as i am concerned, is only between us not every tom, dick and harry she feels like telling.

so obviously, i tried ringing her and what a surprise, she didnt answer. she basically dumped the news and disappeared for the day so hannah could tell me instead of having to face me herself. so i rang legal aid and they cant help me because its a business issue so i called a lawyer. and apart from the ridiculous fee they wanted to charge me, they said that because i gave the contract back unsigned, i dont have a leg to stand on all i had was the stock in the shop that i had paid for which, mind you was about 2/3 of it.

on the advice of my husband and about 6 other people, i went to the shop, put a closed down sign up and cleaned out all stock and fish that were bought by me. she walked past at one point and looked at the trailer and 4WD being loaded up, smiled and kept walking. i figured then that i hadnt over reacted by cleaning out the shop as it is obviously what she wanted.

but tell me this, if you had a shop and had decided to sell it to your most loyal employee, would you be able to screw them over if they had worked over 800 hours and only paid for about 300 in stock leaving 500 unpaid hours. and then, when they have got the shop going nice, added a marine system and started putting money in the til again, you rip it out from underneath them and leave them wondering what the hell just happened.


so now, my loungeroom looks like a shop, i have makeshift tanks set up everywhere for the 400 fish that came with me. i offloaded some to my best mate who has a massive tank and bought the rest myself. but even though i have my stock, i dont have my shop, my dream or anything else. why cant people be trusted? i believe in the good in people but people who can take advantage of others and screw them up dont have any visible good.

but as they say, when a door closes another one opens. i guess i just didnt plan on having the door slammed in my face. so i guess now i go about putting my money into starting my own shop. i have a full time job at a marine aquarium already which is a lucky break and i can keep plugging away at my tank installation/cleaning/relocation service.



im so furious. they were going to close down due to lack of sales etc but i believed in the store and decided to take it on and work it up. she was going to lose everything but by me buying it, she would lose nothing. i got left in the shop without warning or asking me if i could work 7 days a week. i poured my heart and soul into that shop and i just get done

anyways, thanks for letting me vent

 

[BigC]

Hey fishlette,
I was so looking forward to comming over next year and drop in. I am so sorry to hear of your recent events and think its dispicable that a friend could do such a thing. But think positive in that you have survived relatively unscathed from that venture which has shown you all the things you need to get right and in place before you take your next step into business.
Regards
BigC

 

[Luketendo]

Open a better shop and shove it in her face.

 

[fishlette]

Hey fishlette,I was so looking forward to comming over next year and drop in. I am so sorry to hear of your recent events and think its dispicable that a friend could do such a thing. But think positive in that you have survived relatively unscathed from that venture which has shown you all the things you need to get right and in place before you take your next step into business. RegardsBigC

hey thats ok, i will be up and running again by then i reckon tis a damn shame cause i was excelling in running the shop but i just didnt think enough to cover myself in case this happened. but yes, you live and learn next time should be easier cause i am not going to buy and established shop, im going to start from scratch. i want the satisfaction of building it up from nothing

Cost of Venture $6500, Cost of Finding a New Job 25c (the cost of a phone call), Watching her show her new buyer the shop that is now nearly empty from stock and worth about $5000, PRICELESS!!!!

Open a better shop and shove it in her face.

roger that!

 

[BigC]

next time should be easier cause i am not going to buy and established shop, im going to start from scratch. i want the satisfaction of building it up from nothing

Cost of Venture $6500, Cost of Finding a New Job 25c (the cost of a phone call), Watching her show her new buyer the shop that is now nearly empty from stock and worth about $5000, PRICELESS!!!!

That's the Spirit.
GO GIRL

 

[fishlette]

next time should be easier cause i am not going to buy and established shop, im going to start from scratch. i want the satisfaction of building it up from nothing

Cost of Venture $6500, Cost of Finding a New Job 25c (the cost of a phone call), Watching her show her new buyer the shop that is now nearly empty from stock and worth about $5000, PRICELESS!!!!

That's the Spirit.
GO GIRL

 

[DevUK]

I agree. New shop, shove it in her face. Don't associate with the old shop name though, else she might be able to trade off of the reputation you built over the last few months.

Sorry to hear you got jerked around so much

 

[fishlette]

I agree. New shop, shove it in her face. Don't associate with the old shop name though, else she might be able to trade off of the reputation you built over the last few months.

Sorry to hear you got jerked around so much

yeah i had already registered my new name as i didnt want the name they had anyways fortunately i have a lot of customers on an e-mailing list so i can tell them my new details etc etc and i dare say considering i had to win them back to start with, i dont think i will have many probs getting them to come with me

 

[CPQ]

Go to an employment tribunal and get the money you're owed for the unpaid hours and THEN use that to set up a stonkingly awesome fish shop and put the mean lady out of business!!

mwahahaha (that's an evil laugh btw!!! )

 

[SouthernCross]

I'm surprised they told you you had no leg to stand on...

Surely you should be able to get your verbal contract recognised. They do stand quite often in consumer/trade style situations. I only did about 2 1/2 years of (Australian) legal studies, but from what I remember correctly but you definitely should be able to salvage something from this.

Absolutely try and seek the wages you are owed, if nothing else. Don't just let it go. See another lawyer for a second opinion.

 

[jakeroberts]

u have every right to be angry i definitly reckon you should open a bigger and better shop and shove it i her face i was laso looking forward to coming over to having a look at the shop

 

[scotslasszoe]

Omfg, Thats Bad Poop.

I would try my best to take it further. Do you have a citizens advice where you are. If so u can speak to them about it and its free

Regards

Zoe

 

[CPQ]

I'd back what Southern Cross said - I'm not sure about the rules in Aus but i know over here a verbal contract is legally binding unless it's proven to be of a 'social domestic' nature! Do you have like the equivalent of a citizen's advice over there? They'd definately be able to tell you where you stand re the money you're owed if not help you out with the contract side.

In addition - you paying for the stock would easily be considered as either some form of consideration or reliance on the contract so you'd probably be able to use that to either enforce the contract or get some sort of compensation for the work and money you've put in. I'd definately say get a 2nd opinion!!

 

[devon_charm]

I would go for what your owed. I know here you could sue her too. Any way i wish you the best of luck with your new shop. Sorry this had to happen to start with but good on ya for keeping your head held high

 

[l.michelle]

Definately go talk to a different lawyer. Try calling up a sole practioner, they are usually a lot nicer, less expensive, and are very knowledgeable and are very willing to help people (and I'm not just saying that because I work for one ) I know from experience here lol.

As people also said, definately put in to get your pay you are owed!!

You should also talk to the bank about setting up your own shop, you have tonnes of stock already, and then at least you know you won't be screwed by anyone.

I hope it works out for you!!