To set my Out of Office message to "Fuck You"

[queenofwesteros]

I've been working for a very nice small company as a freelancer from home. Tonight at 5.30, out of the blue, I got a call from a liquidator telling me the company was bust and that I won't be getting paid a considerable amount of money I'm owed (in the thousands and puts me in a v v bad position with a mortgage and bills to pay). Liquidator Man thought the boss had told me already. Liquidator Man then asked me, in the interests of trying to sell the company as a going concern, to work as normal but without pay and that maybe any potential new owner would make nice and give me some of my hard-earned money if I begged was good.
To my horror, and because I was just stunned at this point, I may have mumbled agreement to this breathtaking piece of piss-taking. Having thought about it, WIBU to set my internal email automatic reply to "Fuck You" tomorrow and paint my lounge instead? Alternative suggestions welcomed.
In the interests of not drip-feeding, there had been rumblings of trouble previously but I thought they'd all been sorted out.

Ha, TOTALLY I would say Queen. Fuck them. Tell them you'll hand them over when paid in full.

Sorry this had happened. I'm a freelancer too, and it is just my worst nightmare. Best of luck getting some new work.

Probably not... But if nobody asks..!

But on a serious note, if you have been given company tools to do your work you might be an employee rather than self employed. This could be important because you could make a claim to the National Insurance fund.

Just saying someone is self employed is not enough to make it so. If you work for one employer, they provide you with tools for the job (ie laptop and phone) and you are subject to certain controls or restrictions regarding who you can work for, when you work and what work you do then you may be an employee.

This link has some info about what defines an employee but it is really far to simplistic: www.gov.uk/employment-status/employee There are some test applied using common law to establish if someone is an employee, a worker or self-employed but by their nature they are subjective and have to be argued. HMRC have some useful tools and info here: www.hmrc.gov.uk/employment-status/

I haven't been paid at all. i did a couple of days' work in July and have worked most of August; was due to invoice at the end of this week for both
I've been a freelancer for a long time and so I definitely fall outwith the IR35 legislation for HMRC's purposes. Not tied to that one company.

You don't have the right to retain the company equipment, sorry. If you sell it then you are liable for conversion, which is a civil wrong and they could sue you for the money. You are also arguably guilty of theft. However you could counterclaim for your unpaid fees. However no harm in keeping the items and continuing to use them until they ask for them back.

I agree with what others have said - you aren't 'entitled' to keep the items - they are part of the company assets BUT I definitely wouldn't surrender them without being asked and, if they do, make them use their fuel to come and collect them from you! With any luck they won't realise you have them.

Something is niggling me about the fact that you haven't yet invoiced the company for any of your work. I would imagine that to be classed as a creditor the liquidator will need a formal record of what you are owed (even if you will be way down the list behind tax, bank, VAT etc). I think it's well worth taking advise on this aspect and getting that invoice in asap if that's what needed. Even if you only get a fraction of what you are owed it's better than nothing.

So sorry for the position you find yourself in - I've worked for two companies that have folded with short notice (but as an employee) and it's a horrible experience.

Don't do any work if your contract has terminated automatically. Any work you do from now on won't have contractual protections such as liability caps.

Get your invoice issued as soon as, in the hope of getting yourself recognised as a valid creditor.

It's worth remembering that liquidation isn't necessarily the same as the company being bankrupt. There may be more money left than you think. (Bankruptcy, I believe, is when creditors pull the plug whereas liquidation can be at the directors' choice.)

Do include your contact details on your OOO. But perhaps not the cock. Unless you specialise in cock art.

Really sorry this has happened,

Tell the liquidator politely that you are prepared to carry on working provided that he takes responsibility for paying you.