Loki Aftermath Looks Bad 661
einer writes "Things look mighty bad for Loki employees. From this article it appears that some of them haven't seen a paycheck since late 2000. Perhaps the most telling part of the article is contained in a parenthetical near the bottom of the page: "A single employee is listed in creditor filings as being owed almost $350,000 in unpaid salary and in expenses the company incurred using the employee's credit card."" there's a lot of not-so-happy-stuff in this article.
Re:60 days (Score:4, Insightful)
Not really that unusual for an employee to spend their own money and then claim it back 'on expenses' (e.g. business trips).
Sucks to have the compeny not pay you back though
A shame (Score:5, Insightful)
And it's this sort of thing, boys and girls, that causes me to never trust management. The real shame is that you've got employees who are going without their pay, ostensibly because of loyalty to the company, and then getting shafted in the end.
Moral of the story: When the company asks if they can stop paying you, don't agree to let them use your credit card.
Comment removed (Score:3, Insightful)
Wow (Score:4, Insightful)
There are no more heroes (Score:5, Insightful)
Instead of sending them W-2 income tax forms, they were sent 1099s, meaning that they are left to pay taxes on income for which the company was already supposed to have -- but hadn't -- paid federal withholding.
The question here is, did Loki without the taxes/FICA, etc. out of the paychecks? If they withheld, didn't deposit it, and then sent out a 1099, then the company should immediately be investigated for tax evasion and any other criminal charges that are relavent. This is fraud, and the victims are the employees. If the taxes were NOT withheld, then this is a non-issue. Yes, it sucks having a large tax amount due all at one, but thats life.
Who wants to take bets that this gets publicized as FUD that Linux does not a viable company make?
Re:Whoa, doesn't the US protect its citizens ? (Score:5, Insightful)
This never should have happened at all. Loki and its employees were obviously working under some promise of eventual financial gain, or they would not have been there. Which means that someone at the top was either "blinded by the open source light" or was lying through his teeth. It's shit like this that makes working for Microsoft seem like a good alternative.
Re:Whoa, doesn't the US protect its citizens ? (Score:4, Insightful)
You make a really good point though. I can't figure out how it's legal in the US that management can walk away from a dead company with millions of dollars in their pockets, while the employees walk away thousands in the hole. Maybe the US should look to Canada and follow its lead (in just one of many places).
From what I understand the employees almost always get screwed in these situations because the way the creditors are paid off is the ones who are owed the most get their money first and then it works its way down. IMHO it should be exactly the other way around, FedEX can afford to lose $100,000, Joe Programmer probably can't afford to lose $20,000.
Re:Whoa, doesn't the US protect its citizens ? (Score:3, Insightful)
At first we went to the "Office des Normes du Travail" and filled a complain, along the other Montreal employee. They was some legal proceeding going on. Up to the point were the Sanga employee in Ontario decided to file a class action suit. The "Office des normes du travail" decided to give control to the lawfirm that was suing for the ON employee.
I received many legal document telling me that thing were going well. Up to the point were the company filled for bankrupcy. At that point, the lawfirm (can't remember which one) decided it was not worth the trouble and drop the charges.
So did the Quebec laws protected me... Not at all, it just gave me the illusion of being protected for some time. Sure I can decide to sue, but it will cost me a lot more that what they owe me.
The point is that the law may be protecting you, but if the system fail to help you being protected, there is not point in having these laws.
Lesson learned (Score:5, Insightful)
Re:at what point (Score:2, Insightful)
That goal may not have sustained you (or many folks) through a period of inactivity. Sure, you have to pay the rent and know when to draw the line, but it hardly seems kind/fair/legitimate to lambast someone for having vision and principles beyond making a buck.
Re:at what point (Score:2, Insightful)
This is just more fallout that most of the dot-com companies already experienced. The world does not revolve around wishful thinking.
I will probably get moderated as flamebait because many
But this is the norm at many startups (Score:4, Insightful)
This is why you don't work for one if you have a mortgage to pay and three kids in college. Look at most start-ups and you see two types - the very young and the very rich.
Re:Whoa, doesn't the US protect its citizens ? (Score:2, Insightful)
Re:at what point (Score:3, Insightful)
The thing is, if you can afford to take a $350,000 loss, you probably aren't working there for the money so much as for the fun of it and maybe the principle of it all.
Re:60 days (Score:2, Insightful)
Re:at what point? ONE DAY (Score:3, Insightful)
Showing up to work even one day after having your paycheck not be there is crazy.
I run a company and... (Score:5, Insightful)
The problem is, that once a company starts foundering, the founders often begin to lose touch with reality and start making promises that they can't keep -- whether or not they know that is not really an issue. The hole is not only financial (although that's a big enough hurdle on its own) but it's also bad will, that is, the accumulated acrimony festering within the company.
thad
How that happens (Score:5, Insightful)
How do you survive? Credit cards, the debt from which it takes you years to get rid of.
Why do you stay? It's pretty easy to say (as many here have) "I'd be gone that month!" The reality is that sometimes you really like what you do and don't want to leave the situation. Sometimes you might not have very good options for leaving like if you just bought a house or were just finishing college there and would loose a bunch of credit by moving. Sometimes (especially starting out) your feelings are that you want to be a loyal employee and not abandon a company at the first sign of trouble (an easy feeling to have when your company is small enough that you know the owners well). Sometimes you are just young and inexperienced and don't really know when is a good time to leave.
When I left I moved out of state, and since I was leaving for good I demanded they give me full back pay - which they actually did cough up. My condolences to these employees that may not see anything from this at all. Good luck and I hope you have better luck with your future employers!
Re:at what point (Score:5, Insightful)
For one thing, Linux is a _small_ user base. On top of that, the majority of Linux users are not willing to _pay_ for software. That is the reason they use Linux. The whole "freedom of software" is just plain bullshit to many. They know it, and so do I. Which oddly explains how Loki, a proprietary company, can even attempt to market Linux to begin with. Then you get the free software believers who will not purchase Loki games based on principle. _They_ are the ones who have vision beyond making a buck. People like RMS.
All-in-all, Loki had no clear vision and their market was very fragmented and almost noexistant. The only people who would purchase their games are die-hard Linux users who could wait a few months and pay a higher price for the same game they could have had on Windows for a lower price. Then take out the people who believe in freedom and the people who want free (no-cost) software and you are left with _no_ market.
If you truly believe Loki had a chance, then you live in a fantasy world.
Loki wasn't an Open Source company (Score:4, Insightful)
Um, except that Loki's main products were closed-source conventionally-licensed games. Yes, they did release some libraries (e.g. SDL, OpenAL) under GPL. But those were just a building blocks for their main business: selling conventional, commercial software in exchange for money.
If OSS somehow does get tainted by the Loki story, then it really is dishonest FUD. Loki never had (or claimed to have, that I know of) an Open Source revenue model.
Re:Wow (Score:2, Insightful)
Yeah, right. I don't know anyone who's working, and it's not for lack of trying. I don't recall where Loki is located, but in a lot of markets the only possibilities are an unpaid job or unemployment, and the former looks a lot better on the resume since a lot of people still think that this is a minor recession, not a 50+% unemployment depression with no end in sight.
Re:at what point (Score:2, Insightful)
I left my dot-com shortly after an enforced "voluntary" cut in pay when it became painfully obvious that management was too busy chasing VC to run the business -- and VC wasn't forthcoming.
Right after I got out of high school I had a job working as a janitor for a company that contracted to small businesses. After about three months, I had a paycheck bounce. Went to the company's bank and found that it wasn't an uncommon thing for this company to bounce checks. I immediately quit and demanded my back pay + the fee for bounced checks within 24 hours on the threat of turning the checks over to the DA. I got my money.
I think that if a company owes you back pay, you can go to the local authorities and secure company equipment as collateral. I'm sure what happened at Loki has to violate some labor laws.
Re:A shame (Score:4, Insightful)
Building up your own debt at 18% APR is not a good decision.
Letting a company do that on your account is extremely foolish.
Letting a company that is a product of a market bubble do that is utterly insane.
Re:Loki Employees should retain thier code (Score:3, Insightful)
My guess: (Score:3, Insightful)
Re:at what point (Score:2, Insightful)
Re:But this is the norm at many startups (Score:4, Insightful)
How very 1999 of you. Personally, working at startups, I've seen a lot of a third group: the formerly rich-on-paper who work so much their kids don't recognize them at the holiday parties.
Startups tend to be a breeding place for workaholics. I'm all for spending as much time as I need to at work, but I've watched people literally destroy their families by working 90 hour weeks, then get laid off and have two weeks pay to show for it rather than the untold riches they'd been hoping for.
Cautionary tale, I suppose. I still like working for startups and I'd do it again, but you've got to remember to control the workplace environment rather than letting it control you.
Re:My guess: (Score:3, Insightful)
Yep! Coulden't have said it better myself.
Anytime a company needs to keep salery levels hidden, it's beacuse someone in the company is getting screwed. The levels of pay tend to be flattened - I (the owner) don't make much more than average. But it's worth it.
I have a theory, that after a certain level of pay (say around $50K a year) - you happiness in life is determined not by money anymore, but by the choices you make. I make more that $50K - so I'm happy, and by me not cheating others, more people around my are happy.
So in short, open salery keeps jelousy down and trust up. And it has the added benifit of me (the owner) not screwing my friends.
Re:at what point (Score:3, Insightful)
Re:WTF? (Score:2, Insightful)
Yoo-hoo. Hello?
No, working without pay is nothing like "still a job." At best it's an interesting volunteer project, and likely not even that.
Why I WON'T give /. my money (Score:2, Insightful)
Re:Wow (Score:1, Insightful)
These employees were not idiots... they were passionate idealists that loved what they were doing and lost track of reality. Some of you may only work for a pay check... no pay no more work from you. But some work because they like what they do... no pay well pay me next week then.
Don't condem these employees until you have been in their shoes.
Work should stop when the pay stops. (Score:2, Insightful)
I joined in the spring all gung-ho and happy to work on a pontential Lotus killer. We believed in the product more so than the reality. The reality was in August we stopped getting paid. We continued to work for the next 3 months with no pay, subsiding on promises of next week we would be paid and that an investor was lined up.
I left to go back to Toronto in late November, poorer and some what wiser. Belief in a product or company is great. When that paycheque is missed, the company has failed in it's obligations to it's employees. There may extenuating circumstances, but those circumstances never can justify the failure of management to meet a payroll.
In my case the owner of the company lied to us. We believed his lies, because we were so caught up into doing something great! I still don't regret being conned, since I was so willing to be conned.
What I was left with was an appreciation that unless I have written stake in a company, then all the verbal promises are worth nothing. As it turns out we the employees were not the only ones left holding the bag. PC-World sent out a massive Ability demo, the designer of the Ability box was not paid, and millions of dollars was wasted on ??? All totalled the development cost about $500,000 dollars Cdn.
Re:Always get it in writing... (Score:4, Insightful)
Among the liabilities listed in the bankruptcy filing was a total of $560,412.65 in unpaid salary, of which it was claimed that $302,009.70 was owed to the Draekers in unpaid salary and unreimbursed expenses.
(A single employee is listed in creditor filings as being owed almost $350,000 in unpaid salary and in expenses the company incurred using the employee's credit card.)
hmmm, looking at the math, it appears that Scott Draeker is the "mystery employee". I kinda figured this would be the case when I was reading the threads. The founder of the company gives himself (and his wife) an exorbitant salary, and then claims that it is owed to him/them. All the posts are bemoaning the poor programmer out of $350,000; the article seems to say that some shady stuff was going on, and maybe we shouldn't be moaning for the programmers, but pointing questioning fingers towards draeker.Re:at what point (Score:5, Insightful)
I reluctantly agree. I say "reluctantly" because I've been there. Not to the extent of not getting paid, but to the extent of working two jobs worth of hours for one tiny paycheck for a startup games company, in an environment that went from "Thanks for working all the hours! Big rewards soon!" through "I notice you didn't work this weekend. You realise how important this is to us, right?" to "Why the fuck did you take Sunday off? Don't you realise that we're fucked?".
It's true that the games industry is practically reliant on young guys with nothing to lose. The number of burnouts is amazing: in my current telecomms job, there are four ex-games programmers among the forty or so developers in my office, and we all excel as nine to five career guys, we just hit our late 20's and couldn't stand the pace of games development (and the hostile environment) any more. I've seen entire teams sacked en masse a day after going gold, and whole offices arriving on Monday to find a note on the door saying "This office is closed. Your P45's (severance tax notices) are in the post.", or guys get told that actually, it turns out that the company wasn't paying up their tax or benefits at source like they claimed for months or years. Worse, I've seen programmers leave in disgust at working with soulless backstabbing producers, only to have the producer follow them to the new job, sack them on a trumped up charge within a week, and (off the record) say "Go ahead, try and find the money to sue us."
What you have to remember is that games developers are basically venture capitalists. You invest a lot (time, money, your health) in the hope of getting huge rewards (the buzz of a game on the shelves, royalties/shares if you got the right contract). It's largely a lottery: when the company I was with started sinking, two of the original developers (both 100% dedicated and 100% fuckwits) walked away with $750,000 of paper shares between them. I walked away after my employer agreed to sell me (yes, as a commodity) to a publisher as part of a risible contract for a dying title. Last laugh to me though, those $750,000 worth of shares became more like $20,000 after the price bottomed, and those two guys had invested more than that in the company.
For every John Romero, spinning his way through life based on an early success, there's fifty young guys busting their nuts in the hope of emulating him and getting their own customised Ferrari. It's a tempting proposition.
What you must understand most of all though is that in a startup games developer, everyone is sincere. You're probably sitting next to the company owner, and he can usually thrash you at any deathmatch you mention. No matter how late you're in, he's there too. There's a real sense of cameraderie, and none of it is bullshit. It's only when the shit starts hitting the fan (usually after the company employs an accountant full time, I've noticed) that the cracks start to show, and your best buddy turns into the Pointy Haired Boss from Hell. But it's not like a switch gets flipped. You get abused by inches, and you have all those good early memories to keep you going. It's really easy to buy the line "Things will get better", for months and years, when the reality is that for most games companies, once they've burned their capital and burned out their programmers, there's plenty of younger outfits full of inexperienced optimists with money to burn waiting to pick up the slack.
My heart goes out to Loki's employees (Score:2, Insightful)
I know that everyone that's was left at the end is kicking themselves for not getting the hell out of there when paychecks started coming. All the people here going at them about it apparently don't realize that you are your own worst critic. The people who were working at Loki are certainly going through nine kinds of hell over what they did to themselves, and they're gonna be paying for it for a long time. Lets have the decency not to kick them in the head when they're down.
My best wishes to all of them. You're gonna need all the luck you can get. May the gods take pity on you 'cause doesn't seem like anyone here does.
Whatever! Ever hear of frequent flier miles? (Score:2, Insightful)
The moral is, don't expected to get paid by a company that doesn't make any money.
Summary (Score:1, Insightful)
2. This is what happens when you mix a tiny, pathologically cheap market with ethically challenged businessman wannabes: A failed company and lots of innocents getting hurt.
Re:Whoa, doesn't the US protect its citizens ? (Score:3, Insightful)
Corporations exist to grant a collection of individuals all the rights of a normal person and none of the responsibilities.
A combination of things... (Score:2, Insightful)
There are a number of reasons to try to hang on at a job that isn't paying. The foremost, for me, was the people I was working with and the company atmosphere. As long as my co-workers were coming in and we were getting something done, then everyone could comiserate, share tips and job leads, play UT for awhile to get everyone's mind off what amounts to a life-altering circumstance.
Another is the job market. It sucks. I started looking for work in September when they first told us that the next major funding deal had fallen through. I finally found something reasonable in February.
The third reason for us was that they were still paying our health benefits. When it comes down to numbers, health benefits cost more than you can collect on unemployment.
Eventually, yes, those things aren't enough to stay for, and you'll find work elsewhere. In my case, most of the staff left, and certain members of the non-development staff were getting increasingly hostile. At that point, no matter how compelled I felt to do a good job, to not burn bridges, to finish my projects, I just couldn't handle being browbeaten by other members of staff and not get paid for it.
So yeah, there are some throw-away jobs out there, but on the off chance you get into a situation you want to stay in, it can be more difficult to leave than to borrow some money and stay.
--mandi
Re:let's make somehing so we can break it later? (Score:2, Insightful)
In other words Loki games was a great concept, with terible execution.
Ra7
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No pay, no work (Score:3, Insightful)
WARNING!!! Preferential Payments (Score:2, Insightful)
This claim of "preferential payments" will not be made for another 9 months or so. The jurisdiction will be in the federal court in the state that the company was incorporated in. So, if you choose to fight it (there are defenses against it), it will cost you about $20,000 to hire a lawyer in the state where the federal court is.
This has become a big business for bancruptcy lawyers as they get a cut of the amount that they are able to recover. Clinton's administration introduced this change into the bancruptcy laws. This is a two-sided sword. It may capture some of the money the Draekers paid themselves, but it also snares innocent people who won't see it coming.
How do you protect yourself from this? You can't. It is outside of your control. But, you can minimize the damage. Incorporate in the state you are live. Accept 1099 and consulting income through the corporation only. Rememeber to keep your books and hold a stock holders meeting at least once a year. Do NOT mix your finances with that of the corporation. You can pay yourself from the corporation, but don't use the corporate bank account as your personal account.
Check with a lawyer as IANAL.
Also, I'm not certain, and I have yet to check into this. I think you could send a 1099 back to Loki for debt relief for any amounts Loki owes. This might have the effect of offsetting some of the 1099 income you received from Loki. (Just thinking out loud.)
Re:A shame (Score:3, Insightful)
I doubt your wife makes $36K a year as a Wal-Mart cashier. Note that the figures in question were for a 6.5 month period - January 15th 2001 to July 31st 3001. ~$128k per year for the Draekers seems more than fair under normal circumstances. When the employees are working for free, however, it's fucking bullshit. They took care of themselves and left everyone else to rot.