A reader of ours has gotten into trouble with his company, who called the police to arrest him after a dispute over payment. He says that he is in-charge of accounts for his company, but was arrested because he did not hand over payments for his client immediately after he received them. Is there any lawyer willing to advise him?
Hi, would like to ask if you can help me to post this and get some feedback frm netizens around.
I was engaged to a company and signed an agreement called Contract FOR Service. I don’t have to report to anyone nor i have a fixed working time. So i can be considered as freelance or self employed. I was assigned to look after projects and collect payment frm clients and submit to the company. Once everything is completed then i need to instruct the company’s accounts to close that project file and issue the profit share to me. As long as i never instruct the accounts to close file, me or the company would not be able to take each others profit share. Recently the company filed CBT against me saying that i intend to eat client payment just because i submitted the payment on the day that i wanted to close the project files which was 3 weeks aft receiving payment. IO was called in and I was arrested and now out on bail.
Just want to ask for advise, does this case really stands? Because, first of all, there are no clause in the agreement stating that i should pass the payment immediately after i collect from my clients. No fixed time frame stated regarding payment submission. Secondly, there is a clause saying that i have to bear 100% of the project losses. Mean if i intend to eat the money, isn’t it i will be bearing the losses at the end of the day. And lastly, client paid cash, but i still went back to the company and made the payment. If i intended to eat the money, i could had just tell the company that i never receive any payment as the client also did not have any proof saying that he/she passed me an amount of cash. Normally cash will be given based on trust. Receipt only be issued to client when money handed over to the company.
Do help me out in this? Any law practioner out there, your advise also are welcomed. You can also perslnally contact me if you can help me out something. Can ask ASS for my fb details. Thanks.