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Loki Aftermath Looks Bad
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.
I think. Or maybe 30. Still. The company used his credit card? I think he might want to consider criminal theft charges against the principles. Or would it have been considered a loan?
Best Slashdot Co
Where I come from (Quebec), corporations can't claim bankrupcy protection for salaries: you can sue (personally) the board of directors of a company if you aren't paid your salary.
Don't these people have recourse ?
JP http://www.wearerite.com
Don't think that this is a mercurial or bad way to think. What would your employer have to say if you reneged on your half of the employment agreement, and then you had the nerve to demand six months of living expenses?
Shutting down free speech with violence isn't fighting fascism. It IS fascism!
During that period, however, the Draekers took almost $92,000 out of the company, according to court filings; in counter filings, Loki claimed that the funds went chiefly to pay employees, though it did note that Scott Draeker was paid $46,504 in salary during the period from January 15 to July 31, 2001, with Kayt Draeker receiving $18,643.52 during that time; the company paid medial insurance premiums for both during that period.
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.
Jesus fucking christ. As cool as the project is, don't these people have any common sense? You don't get paid for a year, you jump ship. I'd be gone after 2 bounced [or not received] paychecks. The market is shitty, but I'm sure that someone could hire them. Of course management got paid, this was a friggin sweatshop.
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I had always wanted to consider Loki one of the "good guy underdogs". A company to root for. I mean, c'mon. They helped bring Quake3 to Linux, how could you NOT like them? But then I read this:
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?
Toodles D. Clown
Wow, I never thought about this scenario, I've been lucky enough to never be there. A lot of companies issue corporate American Express cards to their employees so they can charge company expenses such as airline tickets, small equipment and software, etc. The employee is supposed to then file an expense report and be reimbursed for those expenses. Regardless, the employee is responsible for paying the card balance.
In this case it sounds like the employee was royally screwed by this arrangement. It's also possible that they never got around to filing an expense report. A few years ago I worked with one guy who hadn't filed expense report for eight months and was owed a few thousand dollars; the company sent him a letter saying he had to file by the end of the year or they wouldn't reimburse him.
The key to not having your suppliers/employees leave at the first sign of trouble is having open accounting in your company. I'm run a small consulting firm - and had a cash crunch a few years ago, and *nobody* cared because all my books were open. Everything. Salary, expenses, capital items, AP, AR. Even contracts for all/upcoming jobs. Everything. If you looked at the books you could see that I just planned improperly - I ran out and got a personal loan, and all was well a month later.
The gratest thing about open books, is that you don't have to lie. And you can't fool yourself into thinking things are better than they are.
Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.
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.
At the risk of being flamed, I have to say this:
What do you think of darling Loki now??
Linux gamers flocked to these forums pleading with people -- even non-gamers -- to buy something from Loki so they could stay afloat. Hopefully this will show that blind loyalty to a platform (Linux, Windows, who cares? They're all OSes, not religions) is sometimes misguided. If I would have temporarily dropped my who-cares-about-games-on-Linux stance and bought something from Loki, I'm guessing I would have only been supporting the allegedly crooked Draeker clan instead of supporting the company.
Sorry, but supporting a friggin' IP lawyer like Draeker isn't my idea of money well spent. The best we can hope for at this point is that the Draekers carry all of the guilt (if it's proven they're guilty) without dragging down Linux. I would think that's possible. The guy sounds like the s**t that s**t scrapes off its shoes. Folks who run companies and end up screwing the folks that made their business work deserve whatever hell that's dished out for them.
Having talked with several employees that worked for Loki, I feel I can honestly say that several of them were terribly idealistic and sold on the idea that Linux had a bright future on the desktop. Not only that, but that Loki was at the forefront of capitalizing on that bright future and that happy days were just around the corner. For someone that has even a modicum of idealism and a love for Linux and the future of free software, this wasn't hard to believe. Just look at the timeline and you can see that in the first year, things looked amazingly positive. Several games published. Quake 3 Arena in tin boxes. UT also being published (albeit not by Loki) just added more credence to the idea that Linux and the idea of Linux gaming were coming of age quickly.
As has been said before, Loki did several things correctly. That is, if a company has to appeal to the Linux community, then they should follow Loki's lead. Contacts in IRC and on newsgroups. Good tech support. The whole crazy LokiHack idea. They were all great ideas and pulled the community into the SDURF (Scott Draeker Un-Reality Field). If you have ever visited these forums where Lokiites could be found, you would have found out how enthusiastic everyone was about what was going on. These people believed and were willing to be poor but doing what they loved to make it happen.
Unfortunately, Loki seems to have been terribly mismanaged. It is unwise to go into details, but suffice to say that it could not sustain itself with the leadership that it had. Look at the timeline again, and you can see when people started to give up and leave for real paying employment. Look at the frequency of games after the beginning of 2000. Look at the SMAC debacle. Look at the crap that was released at the end (i.e. Postal Plus). Sadly, some gave up later than others, and suffered even more for that sacrifice.
Sometimes a dream means more than money or even family. In the case of Loki, it appears that those dreams were sold and exploited, hurting both the talented people that ported the games and provided the support and the people in the Linux community that bought the products. On a larger scale, the image of Linux has been tarnished as well, and it will make it even harder to move on from this fall.
I yearn for you tragically
AT Tappman,
Chaplain, US Army
Where is my paycheck?
You don't need to see a paycheck.
I don't need to see a paycheck.
You don't need to be reimbursed for your credit card purchases.
I don't need to be reimbursed for my credit card purchses.
You can go back to your cubicle.
I can go back to my cubicle.
Move along.
Employee shuffles off.
I've told my employees that if I ever miss a paycheck, they should quit immediately, regardless of what I say at the time. I tell them not to believe me if I say it will get better. I've never seen things get better for a company once they stop being able to make payroll. I don't suppose that the visual effects business is any different than any other business in that respect. Once you start digging a hole it becomes increasingly impossible to ever get out of it.
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
I love Mondays. On a Monday, anything is possible.
This happened to me at a company I worked for in Texas - it was a very, very small company I worked at right after college. At first they slipped a paycheck or two and then made it up... but after a while they slipped more and more and eventually they were four months behind on paychecks.
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!
"There is more worth loving than we have strength to love." - Brian Jay Stanley
That is the entire reason they failed! They didn't see how _to_ make a buck. They kept seeing past it and _ignoring_ that tiny little detail.
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.
Dijkstra Considered Dead
Loki was a little different. For the most part, everyone WANTED to work there, and believed in the company. It's easy to believe promises and speculations when you trust the administration and have a sense of a common goal.
-John (former Loki contractor)
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.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
Chris Beckenbach
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.But it doesn't surprise me. Some companies are slimy like that. Heck, it happened a couple of years ago to my wife.
Fortunately for us, the IRS has pretty stringent rules on who is and is not a contractor. If it's called into question, there's 20 Guidelines which the IRS uses to determine if a person is self-employed or an employee.
If you think you're an employee, but your employer dodges their own taxes by handing you a 1099, you can petition the IRS to look into it. Check out Form SS-8.
Ceci n'est pas une pipe.
I used to work for a technology consulting firm that worked solely with movie industry and law, with the board of directors made up of his lawyer frat brothers firm. Every year employees would go to Cannes in France or Sundance to work and help their clients from L.A. Well come mid-2000 something was obviously wrong with the company, the owner was quietly laying off people and reimbursement and pay checks would slowly come up late or show up the next pay period. Also, the owner who was once a happy, ambitious kind of guy, was getting bitter and quiet.
Regardless, some choose not to see the facts and kept on hoping things would get better and didnt want to loose their seniority they had built with the 3-5 years with this firm. Well Cannes was rolling around and some other festival thing in Italy as well. One my colleagues was asked to go and excitedly agreed. The owner, who always went, said he would meet him in Italy and then head off to France. Once there a per diem was renegged on, with owner citing that reimbursements would be made for any monies spent, since co-worker didnt believe it they decided to go cheap as possible. Checkout day and owner left a voicemail stating they had already started up to France and to meet there, not to worry about the hotel it was taken care of. As co-worker started to leave hotel security stopped them citing they needed to check out, co-worker thinking that just giving them room keys was not a big deal agreed. After getting to the counter the co-worker was told they needed to pay $7500.00 in hotel bills for 5 rooms, room service, and other amenities that the owner claimed was taken care of. Needless to say this co-worker did not have that kind of cash or credit limit on cards and ended up in an Italian jail. Luckily he had some family visiting in Sweden at the time and was able to get them to aid him in his time of need.
Upon returning he was able to get reimbursed after 30 days and immediately quit. And over 2000-2001 many lawsuits were brought against the owner and his company from employees, vendors, and IRS while he hid behind his corporate veil. Employees that were eventually never paid brought up lawsuits and went to the labor board. Problem is if someone is awarded a judgement it is the responsibility of the plaintiff to collect and of course this owner would not pay. So one has to go to court again and the cycle continues. Some could not handle legal costs and lawyers and dropped their cases, while others would have judges change their award from $2000.00 backpay to $17,000.00 for punishment. But again a futile effort if the business wouldnt pay $2000.00 why would they pay $17,000.00.
Ultimately the company folded, the company paid out some of the smaller judgements and settlements ignored the rest and folded. The owner losing his company and money decided to sue his clients! Some bigger studios and firms typically cost analyze a settlement and legal costs and he was able to make out with nice $50k checks here and there from larger multi million dollar firms/studios not wanting to be bothered, and with others that wanted to fight he would walk away.
Rumor has it that this scum has now started some 3 non-profit organizations and is starting to do well financially again, learning that non-profits have protection against the IRS.
Seems only the bad guy won on this one.
I can just hear the credit card company now:
So, you loaned large sums of money to an insolvent company that was named Loki, after the Norse God of Evil and Mischief? And they haven't paid you back? Who would have guessed?
How much more warning do people need?