Boy, Does It Ever Suck Not Getting Paid!

[V_Shane]

I wish you the best with it!
Several years ago in the RPG industry, it got so bad I began to demand 1/2 upfront for any work I do no matter how small. The rest of course upon completion.
I have had potential clients walk away, and lost a number of "opportunities" but I can honestly say, that all the clients whom have paid upfront, followed through completely.
Not one disappeared. When a client puts money down, they have commited themselves and WANT to see it through.
If they don't, you would at least have a kill fee for your efforts.

 

[John Cooper]

Well, what do you know, here it is a week later and I've progressed no further. I still haven't been paid, and the guy at the company in question was to have emailed me when he mailed off my check this past week.

No check. No email.

I'm only posting this because: 1) I said I'd report back today one way or another, and 2) it seems that posting here prompts the individual to respond to my emails. (They otherwise seem to get ignored.)

So, if nothing else, this posting will hopefully get a response out of the guy I've been dealing with lately. I just emailed him asking if the check has been sent off, but without this post I hold little hope of him actually replying back to me.

More to follow.

 

[Darrin Drader]

Yeah, that's the sucky part about freelancing. A few years ago I wrote 50,000 words for someone who was to have paid me somewhere in the neighborhood of $1500 for it. Of course financial difficulties hit, the company took a plunge, and my payment ended up being two copies of the book and cover credit.

At this point its too late for recourse and even if I could do something about it, I probably wouldn't since the person in question dealt fairly and honestly with me in the past. I understood the situation he was in and while it pained me to see such a large effort go unpaid, I'd rather just let it go than destroy our friendship over it.

I would be interested in knowing who the publisher is in your case so I can steer clear.

 

[Mouseferatu]

Yeah, that's the sucky part about freelancing. A few years ago I wrote 50,000 words for someone who was to have paid me somewhere in the neighborhood of $1500 for it. Of course financial difficulties hit, the company took a plunge, and my payment ended up being two copies of the book and cover credit.

Yeah, I had a similar experience myself. Some of you are familiar with the Lion's Den PDF called "Planar Factions." Well, that was originally written for Dark Nebulae, with the understanding that it was going to be a print product with a pretty reasonable pay rate. Of course, the company simply up and vanished--without, I should point out, ever notifying me of their intent to do so--and while it's done reasonably well for me as a PDF, I haven't made remotely as much off of it as I would have under the original contract.

Thankfully, that's my only true payment-based horror story to date. *knock on wood*

 

[John Cooper]

Status update: I received a money order for $60.00 in the mail today from the company in question. I'm a third of the way there!

 

[DaveMage]

Were you expecting $60 or $180?

 

[Orcus]

I'm not trying to be a d*** about it, and while I certainly dislike not getting paid, I don't dislike the individuals involved. However, they hired me for specific work, which I provided, and we signed a contract that I was to be paid for such work. I don't think I'm being unreasonable in expecting to be paid for my work.

You absolutely should be paid. Insist on it.

Your contract should set forth the terms. If they dont pay, take action. Period. I say that as a publsiher. There is way too much b*** s*** in this industry and too many freelancers get taken advantage of because of this "hey, its gaming, and were all gamers, and i did get something published in the game industry..." Dont buy into that. You did the work. You get paid. Guess what, they got paid. Maybe they mismanaged their business, but that is their problem.

They got what you were supposed to give them--the work. Now its time for them to give you what they are supposed to give you--the money.

Dont feel bad about it for a second and dont let them guilt you into waiting.

Clark

 

[Orcus]

To that end, you have the option of drawing a line in the sand and demanding payment by such and such date. If you do not get it, you can do the following.

1) Its your copyright still and you are the only one with rights to it. Go ahead and shop that work to someone else and license or sell it.

2) If the first company is actually publishing something that contains your works, they are now doing so illegally. You can seek a court order to get an injunction on those goods to stop them from selling any more of it.

I dont know what your contract says, but I'll tell you what: if I was you, I would write a letter indicating that you were intending to do either or both of the above. I dont know what your contract says, but it is likely work for hire. They need to pay up or they may not have the rights to use the work you did (again, this is not legal advice and I have not seen your contract).

And, if I were you, I would post their name here. That is BS.

Clark

 

[Orcus]

You know what? I think I have to disagree with this--provisionally.

It's usually bad form to complain about your employer in public. However, when you've gone as long as John has without any forward movement, and when you have no viable legal recourse (and let's face it, $180 is too small even for small claims court to be worthwhile), then I'm all for outing the company's name to all and sundry.

If nothing else, you're doing all your fellow freelancers a favor by warning them. And frankly, if freelancers had more of a united voice in the industry, this sort of thing might not happen as often as it does.

I'm with the fanged rodent on this. Big time. The threat of outing is some of the best leverage you have. Cause guess what, they already have your work.

I say out them. Truth is not slander.

Besides, they all have credit cards or other access to money. Sure, it might hurt them to get it, but they can get it. You think they arent buying groceries or game books or going to movies or renting movies or buying videogames? You have any idea how much disposable income they have spent on stuff other than paying you since they said they couldnt pay? I guarantee it is more than what they owe you.

They are also probably either not incorporated or havent kept appropraite corporate form, which means even if the have a company name each of the business partners of the company is PERSONALLY liable to you. I bet they dont want a recorded small claims judgment against each of their personal names. That would f*** a guy's credit up.

Presuming what you are saying is true and undisputed (and I have only heard your side), then I'm calling out whatever publisher it is that did this: If you dont pay this guy, you are a bunch of chumps. Period.

Pay or get tarred and feathered.

Clark

 

[Orcus]

OK, I've calmed down now.

I hope you get paid.

If you dont, I'll help you find a lawyer.