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What to do with this Company??
segemia
#1 Posted : Wednesday, May 15, 2013 10:55:47 AM
Rank: Member


Joined: 2/20/2009
Posts: 658
Hi members,

I quit my previous job through pressure from my previous employer a couple of years ago.

Recently I came to learn that the company (previous employer) was awarded a good contract by some institution and that the company used my CV and certificates amongst those of her current employees in the tender.

In the tender the company had indicated that I was going to participate in the contract as one of her staff.

Is this morally right?

Under the Kenyan laws what crime(s) is this company guilty of?

What would be the best way to deal with the company?

Advise please.
Muheani
#2 Posted : Wednesday, May 15, 2013 10:59:50 AM
Rank: Veteran


Joined: 11/20/2009
Posts: 1,402
segemia wrote:
Hi members,

I quit my previous job through pressure from my previous employer a couple of years ago.

Recently I came to learn that the company (previous employer) was awarded a good contract by some institution and that the company used my CV and certificates amongst those of her current employees in the tender.

In the tender the company had indicated that I was going to participate in the contract as one of her staff.

Is this morally right?

Under the Kenyan laws what crime(s) is this company guilty of?

What would be the best way to deal with the company?

Advise please.



Got a copy of the tender?

Ok. So just go to the insitution and tell them "iam Segemia from company z, I have come to implement/review the contract as signed."


There! you get your job back as project Manager
segemia
#3 Posted : Wednesday, May 15, 2013 11:08:00 AM
Rank: Member


Joined: 2/20/2009
Posts: 658
Muheani wrote:

Got a copy of the tender?

Ok. So just go to the insitution and tell them "iam Segemia from company z, I have come to implement/review the contract as signed."


There! you get your job back as project Manager


If it were you, is that what you would do Muheani???


Meduza
#4 Posted : Wednesday, May 15, 2013 11:13:48 AM
Rank: Member


Joined: 2/7/2013
Posts: 447
Location: Nairobi
Get a good lawyer, head to that office, dont even sue...make them pay a huge chunk to you. The lawyers feel will be a % of that chunk...ooops but then again maybe I watch too make legal series.
You cant win, unless you first begin....
richdad
#5 Posted : Wednesday, May 15, 2013 11:26:45 AM
Rank: Member


Joined: 2/12/2010
Posts: 474
Location: Nairobi
Be VERY sure of what you are talking about. Then do what you think is right.
Keep it simple
segemia
#6 Posted : Wednesday, May 15, 2013 11:33:51 AM
Rank: Member


Joined: 2/20/2009
Posts: 658
Meduza wrote:
Get a good lawyer, head to that office, dont even sue...make them pay a huge chunk to you. The lawyers feel will be a % of that chunk...ooops but then again maybe I watch too make legal series.


You are saying there is money to be made here. And what will the company be "legally" guilty of before the demands are made?
segemia
#7 Posted : Wednesday, May 15, 2013 11:37:10 AM
Rank: Member


Joined: 2/20/2009
Posts: 658
richdad wrote:
Be VERY sure of what you are talking about. Then do what you think is right.


I am very sure about it. I saw the awarded tender myself.
I honestly don't know the best approach to this issue and that is why I am asking for advise from the members.
Wendz
#8 Posted : Wednesday, May 15, 2013 11:41:54 AM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
segemia wrote:
Muheani wrote:

Got a copy of the tender?

Ok. So just go to the insitution and tell them "iam Segemia from company z, I have come to implement/review the contract as signed."


There! you get your job back as project Manager


If it were you, is that what you would do Muheani???




if i have nothing to loose, i'd do that.... and then tell that owner its either she gives me that job, or she looses the contract. the take is hers. then, when at it, do the work so well that she regrets having lost you... but make sure you bargain a good & of the profits.
specky
#9 Posted : Wednesday, May 15, 2013 11:42:11 AM
Rank: Member


Joined: 4/28/2011
Posts: 213
segemia wrote:
Hi members,

I quit my previous job through pressure from my previous employer a couple of years ago.

Recently I came to learn that the company (previous employer) was awarded a good contract by some institution and that the company used my CV and certificates amongst those of her current employees in the tender.

In the tender the company had indicated that I was going to participate in the contract as one of her staff.

Is this morally right?

Under the Kenyan laws what crime(s) is this company guilty of?

What would be the best way to deal with the company?

Advise please.

Bite only what you can chew....smile
maka
#10 Posted : Wednesday, May 15, 2013 11:42:55 AM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
richdad wrote:
Be VERY sure of what you are talking about. Then do what you think is right.

best answer so far...there is differing school of thought in regards to such a case and it will all depend how you present your case...there is a high chance you will loose though...what documents of yours did they use?were they copies?
possunt quia posse videntur
maka
#11 Posted : Wednesday, May 15, 2013 11:47:09 AM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
maka wrote:
richdad wrote:
Be VERY sure of what you are talking about. Then do what you think is right.

best answer so far...there is differing school of thought in regards to such a case and it will all depend how you present your case...there is a high chance you will loose though...what documents of yours did they use?were they copies?

My two cents you can alert the both the procuring entity and the procurement Oversight authority, whilst demanding damages from the offending party!
possunt quia posse videntur
dunkang
#12 Posted : Wednesday, May 15, 2013 11:58:46 AM
Rank: Elder


Joined: 6/2/2011
Posts: 4,818
Location: -1.2107, 36.8831
Just call the firm and inform them that you have noted blah blah blah. Then wait for their response.

Don't go the legal way, this things happen daily in the consultancy world everywhere.
Receive with simplicity everything that happens to you.” ― Rashi

McReggae
#13 Posted : Wednesday, May 15, 2013 12:02:28 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
What if the negotiations without your knowledge started when you still an employee and only matured after you left?
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
segemia
#14 Posted : Wednesday, May 15, 2013 12:22:24 PM
Rank: Member


Joined: 2/20/2009
Posts: 658
Wendz wrote:
segemia wrote:
Muheani wrote:

Got a copy of the tender?

Ok. So just go to the insitution and tell them "iam Segemia from company z, I have come to implement/review the contract as signed."


There! you get your job back as project Manager


If it were you, is that what you would do Muheani???




if i have nothing to loose, i'd do that.... and then tell that owner its either she gives me that job, or she looses the contract. the take is hers. then, when at it, do the work so well that she regrets having lost you... but make sure you bargain a good & of the profits.


@wendz..The contract was entered into between the company and the institution. As an individual I am an unknown entity into the signed contract. Again, it is normal for the proposed employees stated in the original tender to be substituted with others.

Since i am working elsewhere, perhaps the only thing is to demand a share of profits because my papers contributed to the overall company performance in the tender evaluations by the client.

segemia
#15 Posted : Wednesday, May 15, 2013 12:24:28 PM
Rank: Member


Joined: 2/20/2009
Posts: 658
specky wrote:
segemia wrote:
Hi members,

I quit my previous job through pressure from my previous employer a couple of years ago.

Recently I came to learn that the company (previous employer) was awarded a good contract by some institution and that the company used my CV and certificates amongst those of her current employees in the tender.

In the tender the company had indicated that I was going to participate in the contract as one of her staff.

Is this morally right?

Under the Kenyan laws what crime(s) is this company guilty of?

What would be the best way to deal with the company?

Advise please.

Bite only what you can chew....smile


As of now there is nothing to bite. That is what i am looking for.smile smile
segemia
#16 Posted : Wednesday, May 15, 2013 12:29:31 PM
Rank: Member


Joined: 2/20/2009
Posts: 658
maka wrote:
richdad wrote:
Be VERY sure of what you are talking about. Then do what you think is right.

best answer so far...there is differing school of thought in regards to such a case and it will all depend how you present your case...there is a high chance you will loose though...what documents of yours did they use?were they copies?


The company used copies of my degree certificate and other professional certificates.

Tell me why would I loose if the company actually lied/cheated in their tender by using papers for an individual who is not an employee there??
chiaroscuro
#17 Posted : Wednesday, May 15, 2013 12:34:16 PM
Rank: Veteran


Joined: 2/2/2012
Posts: 1,134
Location: Nairobi
If your intention is to set the record straight, then write to the institution a short letter simply saying that you ceased to be an employee of this company from XXXX date and that you no longer do any work for them or on their behalf... and that you have not authorised them to use your name in any dealings with anyone.

Send a copy of the letter to your former employer.... and if the institution is a public entity, send a copy to PPOA.

Then sit down and watch events unfold.

Be careful to show any emotions in your letter - keep it short and simple [K-I-S-S]
segemia
#18 Posted : Wednesday, May 15, 2013 12:35:53 PM
Rank: Member


Joined: 2/20/2009
Posts: 658
maka wrote:
maka wrote:
richdad wrote:
Be VERY sure of what you are talking about. Then do what you think is right.

best answer so far...there is differing school of thought in regards to such a case and it will all depend how you present your case...there is a high chance you will loose though...what documents of yours did they use?were they copies?

My two cents you can alert the both the procuring entity and the procurement Oversight authority, whilst demanding damages from the offending party!


Where are the Procurement Oversight Authority located?
segemia
#19 Posted : Wednesday, May 15, 2013 12:38:40 PM
Rank: Member


Joined: 2/20/2009
Posts: 658
dunkang wrote:
Just call the firm and inform them that you have noted blah blah blah. Then wait for their response.

Don't go the legal way, this things happen daily in the consultancy world everywhere.


Why are you not for legal way?
segemia
#20 Posted : Wednesday, May 15, 2013 12:44:39 PM
Rank: Member


Joined: 2/20/2009
Posts: 658
McReggae wrote:
What if the negotiations without your knowledge started when you still an employee and only matured after you left?


This was a normal tender which attracted several participants. The tender was awarded about two months ago.
I believe the company should have written to the institute stating my departure and offering a substitute.
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