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Old 10-16-06, 04:24 PM   #1
TRACKMAN
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Seek option on course of action

background:

Asked to join Race Team as support person racer for
All NRC ( National Race Calendar) events .
Here are list of promises & commitments.

1. Equipment purchases at store cost. ( provided order in place by Tuesday every week)
2. SKU ( shelf kept units) 10% off retail
3. free maintenance
4. per diem for all support days worked.

List of tasks assigned.

1. Website update *built three (3) websites
2. Write Sponsorship proposal * including printing, binding and CD creation for mailings
3. Media kit creation and proliferation
4. Create Race banners, posters flyers * I own wide format printing company
5. Maintain racers equipment, do food shopping, laundry, provide transport, find housing

Place my orders diligently, always on Monday via email. * Ignored all plus telephone follow ups
his reply " if you want me to read your mail you have to come here, log in and read them to me"
Then gets 'pissed' when I start buying what I need on Ebay.
Only purchased Gu, tires, socks from store as needed.
Maintenance,(HAH) mechanic* also the director sportif; cracked carbon fork on installation:
broke after two months. installed a 27.0 seat post even though manufacturer spec'd 27.2 .
service person responded " I may not do it right, but it works" Botched my Nokon cable install
( would not follow directions provided)
Three complete websites, all trashed.
Proposal, about fifty hours work not even a 'thank-you, great job'
Media kit, DITTO
All printing done as requested, not one dime.
Ten road trips, all I saw was gas & tolls, no per diem as promised.

I had broke a spoke on a Skyline Drive training ride,( Wonderful 108 mile slice of road through Shenandoah National Park, Virginia)
dropped wheel off on Monday, found out Thursday they did not have spoke. I called around, found spoke at a competitor shop and tried to pick up MY WHEEL. Explained to store manager I did not want to make a scene as the mechanic can easily fly off the handle.
Store manager goes, gets my wheel hand it to me and loonie tunes chases me out into parking lot.
I say " lets not get into it, this will only escalate" .
he says, "You will not talk to me? Fine your off the team".
I figure I am down close to 3000 USD. Not counting per diem owed.
No paper exists, just his word in front of team captain and other team members.
Quite upset about this, I realize you are only hearing one side of this but hey...
All I say is God's truth.

NOT ONE DIME.
Any lawyers out there?
Do I have a 'leg' to stand on?

Any thoughts, comments appreciated.

Signed ,
Racer without a home
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Old 10-16-06, 04:27 PM   #2
Tom Stormcrowe
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Not a lawyer, but if it ain't written down, it didn't happen...unless someone or more than 1 someones on the team are honorable enough to support your claim in court!
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Old 10-16-06, 04:33 PM   #3
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was afraid of that, guess there is no honour amongst thieves.
Really bites.
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Old 10-16-06, 04:38 PM   #4
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Quote:
Originally Posted by TRACKMAN
was afraid of that, guess there is no honour amongst thieves.
Really bites.
Agreed, wholeheartedly! Actually, if you think about it, it's a lesson that could have cost a whol;e lot more!
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Old 10-16-06, 04:48 PM   #5
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true that, losing ones handlebars at ANY speed could be very damaging: Fortunetly, I had just got on, and was trackstanding
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Old 10-16-06, 04:50 PM   #6
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It was a verble contract, but now it is your word against his. If you present the evidence to a judge in a smalls claims court (By evidence I mean, three completed websites, media kits, etc, that you completed), a resonable judge should see that you are owed compensation. I don't think you will ever receive everything you want because nothing was stipulated in writing, but I think you have a leg to stand on. There are a lot of law forums on the web, in addition to lots of info on verbal contracts.
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Old 10-17-06, 09:44 AM   #7
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Your insight is most appreciated: The proposal was 're-arranged' and link is still present on the website.
All the verbage is the same, thinking I should copyright the original and then, I can add copyright infringement to the case.
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Old 10-17-06, 09:55 AM   #8
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For $3,000...I'd take it to small claims as outlined by jerseysbest. You'll probably be lucky to get $1,500, but at this point anything would probably be better than nothing. As for the copyrighting and stopping their use of the basic packet you desinged...I'd drop it. Personally I think you'll have a better chance of trying to get some compensation for all that you provided, knowing that once you receive compensation then the judge will probably feel that the team has the right to use the work you created in any way they see fit.

Look at it this way...you basicaly signed up for a job that paid nothing. You spent a lot, learned a hell of a lot and are now smarter. Sounds like you went to school. People have paid more for less.

EDIT: ps - always leave a back door in code for just such an occassion...
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Old 10-17-06, 10:01 AM   #9
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Im not sure but if there was a verbal agreement made in front of witnesses, does that stand for something?
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Old 10-17-06, 10:19 AM   #10
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What really hurts is everyone was aware of the promises, and several team members were coming to me to get some kind of results as I was not the only one ignored. One woman waited until AUGUST for her kit...
(which I eventually provided out of my own).
I went to 'bat' for all of them then when I was booted they all turned their back on me.
To add insult to injury, the team captain invited me to the end of season dinner two weeks ago to celebrate all of the teams accomplishments.
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