"Jeff / Jacob,
Please be advised that your action of sudden withdrawal from the eBay business of the junks, jointly managed by you two (referred as YOU herein after), was not done per normal business practice. YOU had assured US that the business will be on for an indefinitely long period and will develop, in steps, into a large company. Per verbal agreement YOU wanted Bhardwaj Group, Inc. DBA Safe ship specialty Shipping (referred to as WE or US in this letter) to provide packing service to items YOU sell on eBay for which YOU would pay at actual per our rate. Per your request we provided YOU the space in our store, without any charge, for temporary stocking of the inventory of the items until they are sold on eBay. We also provided space without any charge, for one of your staff to do eBay listing work. It was also discussed and agreed that, if the business has to close, either because of your shortfall or due to our inability to support you at any point of time, both the parties (YOU and US) with mutual consent close the business immediately and within a reasonable time YOU will withdraw the left-over inventory from our store. So, the above understanding required that the issues of joint business activities leading to closure of the business should be transparent to each other and either of the two parties (YOU and US) deciding to close the business should notify, after clearing all dues, their intension to close the business to the other. If YOU Stop the work unilaterally allowing the idle inventory in the space allotted, it would not constitute part of the business. It would be termed as warehousing and YOU would be liable to pay warehousing charges.
YOU started your business, after stocking the items for posting on eBay from Monday 9/12/16. You also assigned the work to Kelli Schwarzlose on the same day. Akshay was given the assignment by Jacob on 9/16/16.
A. It is regrettable to note that you decided to close the business unilaterally without giving us a clue, abandoned it abruptly and remained unavailable for any discussion. The telephone number of Jeff that was in our record was rendered no longer in service, Jacob would not take the call, instead calls were getting diverted to mail box and none of the messages were replied.
When the undersigned visited your house on 11/10/16 to get an answer from you as to what is your plan, whether or not YOU would like to continue the business, only then YOU indicated in a very casual manner, but for sure, YOU have no interest in continuing the business anymore which you had abandoned on 10/21/16
Jeff did not keep his promise to visit our store next day at 9:30 am to settle the bills and to remove the left-over inventory. When I visited him again to remind him at 11.15am he promised to come by the store in a little bit but again failed to visit the store. On my next visit on the same day, at 3:00 pm he behaved in an unruly manner and I had to return without any further promises as to when YOU would come by and settle the bills and remove the left-over inventories.
The left-over inventory that you and Jacob dumped in our store is presenting an ugly scene in our store. Also, we need the space for starting a joint venture with a well-established entrepreneur, with a clean background. The products we deal with are going to be new and fast moving. YOU shall therefore, collect the left-over inventory and take it “out from our property” without any further delay, as I had notified to you, no later than 11/23/16. If you do not remove the left-over eBay inventory (which we view it as junk) latest by Wednesday (11/23/16) we will take appropriate action to clear these items from our store at our sole discretion, after which you will have no claim on any of or all of these left-over items. Expenses that we incur to get rid of the material, will be back charged to you.
THIS IS THE FINAL CALL TO YOU TO ARRANGE REMOVAL OF THE LEFT-OVER INVENTORY AND TAKE IT BACK. If WE do not receive any response from YOU on or before Wednesday (11/23/16), we will go forward with the action that best suits our convenience.
B. Before abandoning the business, you did not pay for the service “Safe Ship” had done for the business. Also, (YOU) have not paid the remuneration to, Akshay Bhardwaj, who did the listing work that he had done with dedication as reflected by the customer review complimenting his work. He was offered this job by Jacob, @ $10 per hour even after knowing that he had not worked for eBay listing prior to this assignment. Akshay had the required skills in photography and computers for this job and only needed little bit of coaching on procedures. Akshay picked up the work within a matter of 1-2 days.
YOU SHALL MAKE THE ABOVE PAYMENTS IMMEDIATELY LATEST BY 11/30/16 (EXTENDED FROM THE PREVIUOSLY NOTIFIED DEAD LINE 11/21/16) FAILING WHICH MATTER WILL BE REPORTED TO FEEOC, AS WE SEE CLEARLY, RACIAL DISCRIMINATION IN YOUR ACTIONS AS BELOW:
YOU have paid to Kelli Schwarzlose (as we learned from her) who you had recruited almost at the same time as Akshay was recruited, for her service in full, regularly on a weekly basis. But (YOU) did not make any payment to Akshay for his work at any time despite he had submitted the time sheet on a weekly basis. You also did not make any payments to “Safe Ship” for packing service on agreed terms. We record this as a racial discrimination. Your toying with an idea of not to pay Akshay on agreed hourly basis is not acceptable. This is highly discriminatory.
C. A warehousing charge of $ 500 (@$25.00 per day) shall be paid for the period beginning 10/21/16 – the date on which you instructed Kelli to stop posting the junks into eBay until 11/10/16 – the date on which I met you at your house and YOU informed me you did not want to continue the business. During this period, no work was in progress and YOU have to pay warehousing charges at the rate (@ $25.00) fixed by US.
A detailed account of the PENDING payment has already been sent to you."