Boy, Does It Ever Suck Not Getting Paid!

[John Cooper]

Well, it saddens me (although it doesn't particularly surprise me) to have to report that the second individual I've dealt with from the company in question has proven to be just as unreliable as the first. My promised payment of $180.00 was to have been delivered in full "sometime in January." Here it is, over a month past his promised schedule, and I've still got nothing. Despite repeated emails to both individuals, I've still received no payment, no return emails -- not even any of the false reassurances that payment is just around the corner.

Hey, [Company in Question], are you guys ever planning on paying me, or should I turn this into a Public Service Announcement warning potential freelancers away from your company? It sucks enough that I've gotten burned by you; I'd hate for others to follow me down the same sad path I find myself currently treading.

 

[Piratecat]

Reading and listening. I hope you get paid.

 

[John Cooper]

You and me both, Piratecat!

 

[TheLe]

Status update: I was recently contacted by a member of the company in question (not the same person I'd been dealing with before, who'd been blowing me off repeatedly), with assurances that I'd be paid in full in January. As this is a new individual being brought into this little saga, I'm more than willing to wait and see if it pans out as I'm being assured it will be.

And if it doesn't, I'll report back in February.

Thanks to everyone for their support.

If you do not get paid for it, you can resell your writing to someone else. Publishers are more than willing to pay for quality writing (and artwork).

`Le

 

[Mouseferatu]

It's bad form to complain about your employer in public.

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.

 

[Napftor]

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.

Seconded. We've all been there, John, and after all this time the company deserves to be outed.

 

[Goobermunch]

John,

I'm a lawyer, and I do some employment law (not much, since it's generally not favorable for employees). Were I in your shoes, I would send a certified letter, return receipt requested to the employer at issue, demanding payment. That's fancy legalese for a nice, polite letter explaining the work you did, the amount you're owed, summarizing all past correspondence, and kindly asking to be paid.

I would also take a look at the web site for your local state Department of Labor (or Department of Employment or whathaveyou) and see how to file a wage claim. Many states have expedited administrative procedures that can be used rather than a full blown court battle. I can understand if you would prefer not to go that route (as it may be viewed as burning some bridges), however, it seems that they aren't interested in maintaining a positive relationship with you.

These are some options you can pursue without crossing the line into full blown litigation (which, given the amounts at issue, may not be worth the time).

Good luck!

--G

 

[John Cooper]

Status update: Once again, my posting in a Publishers and Press Releases thread seems to have done the trick as far as forcing a response from the company in question. The second individual finally emailed me back, and I'm to have a check for the full $180.00 by the end of next week. He also mentioned a personal reason as to what's been been keeping him from checking his email of late (one we need not go into here) -- end result, if I have my check in a week as promised, then fine and good and I'll consider the whole affair done and over.

Otherwise, I believe my allotment of goodwill will have been completely used up, and it'll be time to start naming names and warning away potential future victims. I'm away on a business trip most of next week, but I'll post here next Saturday with the results either way.

As always, thanks to everyone for their support and advice, and let's all keep our fingers crossed that this ends well.

 

[guildofblades]

>>And if they don't have $180 on a credit card, they should release all rights on the work and return it to you to possibly resell to someone else.<<

Hi John,

Technically speaking, if you haven't been paid for your work as per your contract, then these folks don't have a legal right to use it. Its not simply that they've broken their contract and not paid you, but they are also violating your copyrights.

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. After such an injunction, they'll be left with the option of making a deal (and paying) with you, ceasing all sales of that product or breaking the court ruling by continuing to sell it and risking the consequences of such.

Ryan S. Johnson
Guild of Blades Publishing Group
http://www.guildofblades.com
http://www.1483online.com
http://www.ms-crm-consulting.com

 

[Justin D. Jacobson]

I would also take a look at the web site for your local state Department of Labor (or Department of Employment or whathaveyou) and see how to file a wage claim. Many states have expedited administrative procedures that can be used rather than a full blown court battle. I can understand if you would prefer not to go that route (as it may be viewed as burning some bridges), however, it seems that they aren't interested in maintaining a positive relationship with you.

Just an FYI. Most freelancers are hired on an indepdent contractor basis and would not be covered by most administrative or statutory frameworks that cover employees generally and unpaid "wages" in particular.