I am trapped... please help
Sonu Kumar
(Querist) 16 December 2011
This query is : Resolved
Respected Sir,
This is Sonu Kumar. I am a freelance Corporate Speaker & Trainer. I provide my services to the organizations like Corporate Houses, NGO’s, Direct Selling Companies, Schools, Colleges or any Educational Institutes and Clubs etc and take fees for the services just like any motivational speaker. E.g Shiv Khera or any organizations call celebrities in their organization to promote their sales. So I provide my services in the form of trainings, lectures, speech, workshops and seminar. I provide my services in three types:
1.Motivational Speech/ Talk
(In Conference/ National Convention/ Grand Gathering/ Annual Function/ Seminar)
2.One Day Training
3.Three Days Training
I have been in this field since last 5 years and I started working as freelance motivational speaking and training since my age of 20 years. Initially since it was my learning stage in this career so I did not used to charge any fees for the services provided by me but since last 5 years I take fees from the organizations wherever I have provided service. Since I am a freelance Corporate Trainer, any organization can hire my services at the cost of my fees which is Rs 25000 per day. However, my service is only limited to the speech/ talk or training I provide which includes Skill Developments, Personality Development, Life Coaching etc and I am not legally related or bound to any sort of activities of any organizations nor legally involved. My job is only to develop skills of the people related to the organization who hire my services, however, it’s not my job to study or look into company’s any other activities.
Now there was a company who wanted my services to develop their employees and associates skills. And it was mutually decided between them and me that I will provide them my services at the fees of Rs 1 Lac per month since per day charge was not affordable to the company. So they will arrange meetings as per my schedule as I had meetings in other organizations too. And for first five months this company paid me for my services but in June & July this company said that they will not be able to pay but surely will pay in August. But in last week of August this company owners were not reachable and vanished completely from the market by taking all their investors and associates money. They also did not provide my fees.
Now these investors and associates are thinking that I was also involved with these company owners due to the celebrity kind of treatment was given to me by the company owners. However since these company owners are not reachable or accessible, the investors and associates are troubling me and started taking legal actions against me in the form of Police Complaints. My role was just to enhance skills of the employees, associates and I nowhere was involved in the companies any activities. However i never have to sign any legal document with any company. Still they are troubling me... I am very Tensed and depressed. Now what should I do as it will spoil my career to become Freelance motivation Speaker. What I should about the complains people have registered against me?
Please guide.
Devajyoti Barman
(Expert) 16 December 2011
If the investors lodge complaints with the Police about the alleged defalcation of funds or just cheating with their money, you would certainly be in trouble at least initially.
Since you do not have agreement with the companies regarding your pep talk or training programmes, your job would be more difficult.
However only during investigation when it would transpire the role played by you, you would srart receiving the reliefs.
Guest
(Expert) 16 December 2011
Did you not enter in to any written agreement with the company? If not, any reason for that?
Also, what sort of motivational training you were desired to provide to the company employees and whether that was backed by exchange of any correspondence from and to the company?
Sankaranarayanan
(Expert) 16 December 2011
I do agreed with both experts viwe of suggestion
Shonee Kapoor
(Expert) 17 December 2011
I also agree with the experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 20 December 2011
Your description is not clear enough even for intelligence to understand. I do not know how are you going to convince and ASI of police risen from constable with 10th standard qualification. Mr Devajyoti Burman has observed that you path is not easy.
• Why the investors fee that you were involved in cheating by the company?
• Did you as a motivational speaker also motivated investors ?
• If you were engaged to train the staff then how investors come in face of you?
• If the company was only a sham it may not have such a big staff that they needed a trainer for Rs 1 lakh per months because you say that your daily wages were costing them heavy?
• Have you in the past really getting that much and paying Income tax?
• If company Directors have decamped with all their dues including you balance wages (which you believe to be lawful income) why you are not filing any cheating case against them.?
• If the investors know you as a part of company, you may no efforts to disclose your actual relation with the company and also you are taking no action against the absconders why should the investors not treat you as a fellow cheat whom they could nab before fleeing.
• Mr Dhingra has rightly observed the curiosity of not having written agreement. If you entire agreement was oral then how do you prove that the object was lawful as ultimate aim of the Directors as per you description appears to be cheating. Why investors should not believe that you were employed for cheating?
Under given circumstances the investors have a right to believe (though misconceived) that you are hiding something which could be revealed during police remand where frogs speak like parrots.
