by MotherLode
Mon Mar 21, 2011 10:09 pm
I've been using CareerBu1lder to look for a job. Operations Management, maybe Executive Assistant, that kind of thing. Lots of IT background. The salary is within my normal range.
This popped in my email a few weeks ago. I've went back and forth with Ann Smith, asked pointed questions, got some answers.
Her email address is @smsmailsys.com; the company website is http://www.SMS-Comp.com. SMS means in cell phone world "small message service" (AKA texting), so you get a lot of responses regarding that when you search. And of course, the email is very generic and sort of sounds like the company. The company website is (to me) terrible generic. Maybe that is a US/AUS difference.
Here's were it began: This was sent through CareerBu1lder's system, and the entire email was centered
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I sent a reply, thanking her for her email, and asking her to
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Her prompt reply:
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My same day reply:
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Her same day reply (answering only the questions I asked, indicating to me she has a lot of emails to answer.. yet very odd for a professional communication):
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My same day response:
~~~~~~
To which she sent by email the employement agreement (and this is the first time she signed her full name):
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My same day response (March 9 was a busy day!):
And these are the warnings flags, at least to me.
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Her same day response - also stuccato:
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Aha! The California (or even US) registration is important, especially for taxes (which I was to prepare) and employment taxes. Some sort of registration (Doing Business As (AKA "DBA), or Corporation EIN) is needed to open business bank accounts. California is very picky about such things, and corps from other states have to register as 'foreign corps' (that is, outside our Golden State) in order to do business here. An international business would be no different. Creates a lot of work for attorneys and registered agents!
My same day reply:
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Her next day reply. It is the first time she calls me by name:
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My same day reply:
And...
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Her next day reply (and very uninformative):
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My same day reply:
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She replied the following business day (Monday):
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Today (3/21) I started looking at our emails, and searching around. I have not found anything conclusive. After reading Meri Widow's many posts in [email protected], I came here.
And I sent her this email. Even if she is 18 hours ahead of me, verifying who she is and that this is legit is worth a long-distance phone bill:
So wise counselors, what say you?
MotherLode
This popped in my email a few weeks ago. I've went back and forth with Ann Smith, asked pointed questions, got some answers.
Her email address is @smsmailsys.com; the company website is http://www.SMS-Comp.com. SMS means in cell phone world "small message service" (AKA texting), so you get a lot of responses regarding that when you search. And of course, the email is very generic and sort of sounds like the company. The company website is (to me) terrible generic. Maybe that is a US/AUS difference.
Here's were it began: This was sent through CareerBu1lder's system, and the entire email was centered
CareerBuilder: Assistant Manager Position
Dear {my full name}.
It is a pleasure suggest you our new vacancy. Our team is eager to find a new Assistant Manager in your location. Hereby we are all excited about the value you could bring to our company.
Firstly we would like you to discover our activity briefly. Our company deals with global consulting, outsourcing and provides various IT services.
Combining rich experience, complete opportunities across all the industries and businesses, and extensive research on the world’s most prosperous companies, we cooperate with the clients to promote them as high-quality organizations. Using our industry skills, service-offering expertise and technology capabilities, we identify new business and technology trends and evolve solutions to serve the customers all around the world. We would like you to notice that we have many clients located in the USA.
If accepted, your base compensation package includes a monthly salary of $4500 paid biweekly, full medical and dental coverage through our corporate employee benefit plan. At the beginning you have to walk through the 2-week training period, ending which you would get paid $1800.
In your position as Assistant Manager you are responsible for:
Keeping up correspondence with the local clients
Announcement of information to clients
Carrying out administration work
Negotiations arrangement between the company and clients
Analysis, systemization and exploration of complex customers database
Arrangement of payments straight from the local clients to our free-lancers using international money transfer systems
Reckoning up charges of the company
Drawing up tax reports and reports of internal use
Our Assistant Manager should have a talent of diplomacy and should be a professional in the following subjects:
Computer skills
Usage of Microsoft Office
Working schedule: from 9 a.m. to 6 p.m. including 1 hour of a break Monday through Friday.
To accept this position please fill out the following gaps and send us them via email:
1. Your complete name
2. Your cell #
3. Landline #
4. Your e-mail
By accepting this offer, you understand that employment is offered at will, meaning both you and the company may decide to terminate employment without notice and this offer letter of employment should not be considered a contract.
We look forward to having you join our company.
HR Dept.
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I sent a reply, thanking her for her email, and asking her to
"tell me more about the company and the business, as well as the offices are located."
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Her prompt reply:
Please take a look at http://www.sms-comp.com
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My same day reply:
Hi Ann.
You are an Australian company, that focuses on on software outsourcing. I would largely be a liason between your local customers and your freelance developers. Duties would include giving the freelancers a better idea of the need of the client, to be their eyes and ears.I look forward to hearing from you!
- Where would I work?
- Are the hours of 9am - 6pm in Pacific Time? The time difference to Australia is quite large.
- Is my supervisor in the USA or in Australia?
- Where does training take place?
- When does the position begin?
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Her same day reply (answering only the questions I asked, indicating to me she has a lot of emails to answer.. yet very odd for a professional communication):
You will work from home.
You work according to your local time.
in Australia
On-line
asap
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My same day response:
What else do I need to know?
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To which she sent by email the employement agreement (and this is the first time she signed her full name):
subject: Employment Agreement of SMS Co.
signed-by: smtp.com
Mar 9 (12 days ago)
We are glad to receive your response. Our enterprise is entitled SMS Company. My name is Ann Smith and I`m a hiring coordinator. Thus, if you have any issues regarding our opening or hiring process, please contact me via email and I would answer you at the earliest convenience. Since I travel a lot, you could be got in touch with some delays, please don`t worry about them.
So here are the job particulars:
You would be working at home. No traveling is involved.
Your major responsibilities include: keeping up the connection with the local customers, elaborating some internal and tax reports (you would receive the examples), timely distributing the payments from the customers to our free-lancers, opening a new office branch in your area. All the details would be clarified during the training process.
At first, you would have to walk through the 2-week training period that would be covered by the company at the rate of $1800 for 2 weeks. Afterwards, you would become our full-time employee and you would be paid $4500 per month.
To distribute the payments you would get access to our corporate account as soon as you become a full-time employee. While you go through the training, you would have to use your personal account.
Hours of work: 9am to 3pm Mon-Fri (while you are training); 9am to 6pm Mon-Fri (full-time).
If you agree with the conditions, please find attached our employment agreement. You should print it, fill it with a pen, scan it and forward to me via email. Also we need a copy of your ID (driver`s license or passport).
Looking forward to hearing from you,
Ann Smith
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My same day response (March 9 was a busy day!):
Hi Ann. I'm reading through the agreement.
Are the funds in USD or AUD?1. How are earnings & repayment made? Cheque, wire transfer, etc?
2. Will I be a W2 employee? How are taxes handled?
3. Are the last 3 words of paragraph 7.1 correct?
4. Is SMS Company a registered corporation in California?
5. Are there bank accounts for SMS already established in California?
And these are the warnings flags, at least to me.
- 1. allows for a 419 scam
2. To be a W2 employee, they will have to be registered with the IRS and CA Board of Equilization (taxes board)
3. "your personal account." 419 red flag. Why in training do I need to use a bank account?
4. See #2, and my next reply, below.
5. If they have accounts, I don't need to open them!
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Her same day response - also stuccato:
1. USD
2. Direct deposit
3. W2
4. yes
5. Take a look at http://www.sms-comp.com
6. This is confidential.
~~~~~
Aha! The California (or even US) registration is important, especially for taxes (which I was to prepare) and employment taxes. Some sort of registration (Doing Business As (AKA "DBA), or Corporation EIN) is needed to open business bank accounts. California is very picky about such things, and corps from other states have to register as 'foreign corps' (that is, outside our Golden State) in order to do business here. An international business would be no different. Creates a lot of work for attorneys and registered agents!
My same day reply:
The reason I asked if there are existing accounts is the agreement stipulates I would be starting bank accounts for the company.
I am not in the position to extend funds on behalf of SMS.
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Her next day reply. It is the first time she calls me by name:
Dear {my first name},
The reason you use your own account for this job is because the position is considered to be an Independent Contractor position, which requires Assistant Manager to use his own account during his training period. Once employed Full-Time we would provide you with a bank account through our company.
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My same day reply:
Respectuflly Ann, a W2 employee is not an Independent contractor. That would be a 1099.
If there are two weeks of online training, why do I need a bank account?
And...
Also, please provide your CA Corporation number. It begins with the letter 'C'. There are over 150 possible matches!
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Her next day reply (and very uninformative):
Please look at http://www.sms-comp.com
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My same day reply:
Ann, I have not found the answer to my question is not on that site, unless you want to tell me what page to view.
There are three important points:a) You have stated I am an employee, and an independent contractor. I cannot be both.
b) I am not extending funds on behalf of the organization, even though the employement agreement states that I am required to do so to establish bank accounts
c) I have not found SMS Company listed on the State's website of corporations. This is required to do business in California.
Please advise.
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She replied the following business day (Monday):
You work as an official employee after the training period. Before it you act as an Independent contractor.
The company covers all out-of-pocket expenses, e.g. gas, oil (if you use your car for working), fee for opening a new account(if you are going to open a new one).
I see your concerns. Our company has been working for a lot of years and there is absolutely no way to conduct illegal business and exist for so long. Please look through our registration information below:
Name S.M.S PTY. LIMITED
ACN
008 509 635
ABN
90 008 509 635
Type Australian Proprietary Company, Limited By Shares
Registration Date 08/01/1974
Next Review Date 08/01/2012
Status Registered
Locality of Registered Office Deakin ACT 2600
Jurisdiction Australian Securities & Investments Commission
You can check it online as well: http://www2.search.asic.gov.au/cgi-bin/ ... &srchsrc=1
Regards,
Ann
~~~~~
Today (3/21) I started looking at our emails, and searching around. I have not found anything conclusive. After reading Meri Widow's many posts in [email protected], I came here.
And I sent her this email. Even if she is 18 hours ahead of me, verifying who she is and that this is legit is worth a long-distance phone bill:
Hi Ann.
I would like to speak with you.
Please send your phone number and the contact information for the company.
Thank you,
{my first name}
So wise counselors, what say you?
MotherLode
