Tracobi presented the resume of Kimberly McLeod to V-Soft consulting on 04/30 in response to their ad in Dice by Mr. Hassan Zakiul, a technical recruiter. Hassan and myself agreed for a rate of $60/hr all inclusive for the term of the contract. Based on that rate, I agreed to pay $48/hr to Kimberly against her demand rate of $50/hr and communicated the same to her before the initial client interview on 05/07. Tracobis profit is $60-$48=$12/hr for the duration of the contract.
V-Soft then submitted the resume of Kimberly to the end client Pharmerica of Louisville, KY. After initial interview of the consultant by Pharmerica, V-Soft felt that there is a good chance for the client to hire Kimberly. So Narender Rapaka, their contract Administrator has sent the Master contract between Tracobi and V-Soft ontheir letterhead and I signed and sent it back without any changes on 05/09. Pharmerica interviewed Kimberly on 5/11 for the second time and agreed to hire her as a Project Manager and to let her start the work on 05/21.
During the period between 05/11 and 05/21, PO (Purchase Order) stating the rate, place of work and duration of the contract etc was supposed to be signed between Tracobi and V-Soft and between Tracobi and Kimberly. On 05/11, Mr. Hassan sent me the following email: Client likes Kimberly and they wanted to bring her on board as soon as possible.
Please have her made up her mind to start this project. Start Date 5/21.
I will keep you posted the other things. I will speak with my manager hiring manager and let you know about the PO before end of the day.
I never got that PO. No response to my emails either by Kimberly or V-Soft. V-Soft did NOT pick my phone calls made from 606 536 0069 (as I was out of town on 5/14) and tried to contact on phone 12 times on 5/15 from my home office phone to reach Mr. Narender Rapaka at 502 425 8425 x 159 and also the person at x 216 (I think it is Ms. Radhika Veer President). None were answered. I have phone log as proof. Then I smelled something.
At this point V-soft and Kimberly colluded to cause financial loss to Tracobi. Now I find that Kimberly is working with Pharmeica in Louisville office. V-Soft is an international company with headquarters at Louisville, KY; and offices in Houston, TX; Austin, TX; Toronto, Canada and Hyderabad, India with annual sales of $24 million in 2010 and employs nearly 300 people.
It is shameful for a large 13-14 year old growing company like V-soft Consulting with more than 300 employees and an annual revenue of about $25 million dollars to cheat a much smaller company and it definitely is not a prescription for growth by any stretch of imagination. I do not hesitate to avail all the legal and public means to get my dues which are denied to me by connivance and collusion behind my back.
NOW I demand my share of profit of $25,000 all at once (one year contract at $12/hr profit) immediately failing which I will be forced to approach Pharmerica directly to pay me from the funds payable to V-Soft Consulting for the services of Kimberly McLeod.
Clause 18 of the Master Agreement clearly states Since monetary damages are difficult to ascertain and are likely to be inadequate to compensate either party in the case of any breach of this Agreement by the other party, the parties agree that either party shall be entitled to injunctive relief for (both temporary and permanent) for any breach or proposed breach of this Agreement.in addition, the party who is found to have breached this Agreement shall be liable for any damages, costs and fees incurred by the other non-breaching party and relating to such breach. So I demand an injunctive relief of $25,000 without jeopardizing my interest to claim for other damages, costs and fees if any at a later date if and when needed.
I have solid proof of every thing said above as per normal industry practices of business by emails and phone interviews. Therefore, it is my demand to V-Soft to pay me $50,000 immediately.
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