Pardon me for a minute while I rant. I'm in a foul mood, because I have been chasing after a check for several weeks now, and my contact's rationale for not paying me just boggles the mind. He's not saying the article wasn't delivered on time and according to my editor's specifications. He's not denying that I've written dozens of articles for this magazine and built a strong relationship over the past several years. He's just not going to pay my outstanding invoice (for one of the lame reasons below), although he "hopes we'll work together again the future."
Well, sir, you're messing with the wrong gal...
I know many of you have been there, done that, and got the lawyer fee to prove it. This list is for you. Though I cannot provide legal advice, I have compiled information from others who are familiar with media law.
"That article was assigned by an editor who no longer works here." That is regrettable, but it's not the writer's fault. If the editor assigns an article and accepts the completed the article, the publication is obligated to pay the writer even if the editor leaves thanks to something called Implied Authority of Contract.
"We're killing the article, but you did everything you were supposed to." When there is a legitimate reason to kill the article (say, the writer delivers the article, but it's not up to snuff), then the writer is owed a kill fee. But if the editor arbitrary decides to kill the story for reasons that have nothing to do with the writer (for instance, if the editor later changes her mind), then the writer should fight for the full fee. In cases where there is no formal contract, an email from an editor outlining the assignment is considered legally binding. Still, I'd recommend getting a formal contract to outline all the terms of the assignment.
"There was an issue with your invoice." Was there also an issue with your email and phone that you weren't able to contact the writer until her sixth follow-up message?! I've heard this several times, and frankly I don't buy it. I always try to put my mailing address, phone number, and email address on invoices so that it's easy to contact me with questions. Still, some people can't be bothered to send a quick email or pick up the phone. Instead, when you finally track them down two months later, they will stammer "there was a decimal error, so we just stuck in our special file (read: circular file) and hoped you wouldn't notice." This is why it pays to ask.
"Our accounts payable person is on maternity leave/sabbatical/vacation/
got laid off." Someone posted this on a writer's board, and I couldn't believe it. Are salaries employees going without pay for an indefinite period of time? I think not! Now, I'm understanding if my check is a week or so late as long as there's some evidence that payment is in process. If you can give me a check number or a date that the check was mailed, I'll back off. But this is just a cop out.
The key, in my opinion, is to keep a paper trail, and follow up politely but firmly at regular intervals. Hopefully polite persistence will pay off for me. But just in case... does anyone know a good lawyer?
Update: the person mentioned above has agreed to pay a large portion of my fee. Considering that he originally refused to pay any of it, I'll consider that a small triumph.
Wednesday, November 5, 2008
Subscribe to:
Post Comments (Atom)
11 comments:
Good post as usual Susan. You have good reason to rant I'm sure. The post reminded me of an Al Capone quote - "You can get much further with a kind word and a gun than you can with a kind word alone." So I guess you can use lawyer instead of gun here. It's just that lawyers can be so expensive and you're not exactly promoting good relations here which could possibly end up as an amicable settlement without one. It can be a tough call and it is a PIA.
There are actually writer's organizations that provide pro bono legal counsel in these types of cases. It's not the ideal route, because it would waste time that could have been spent on other projects, but I think it's important to send the message that clients cannot weasel out of paying their writers just because they see us hobbyists or some equally lame excuse.
Oh wow, I haven't dealt with this yet as a newbie writer but will definitely keep all this in mind for the future!
Same for me, Jennifer. Good post for the ammunition, just in case. :)
Nail him to the wall, Susan! What utter bullshit he's slinging. These are much fancier ways of saying "I'm not paying" but they're still shoddy, unacceptable excuses.
Send him one last invoice with this line in bold "Please pay within 10 days of receipt to avoid litigation." I'd accompany that with a very professional explanation of Implied Authority of Contract, and the number of your attorney should he want to pay by Visa.
What a freakin' jerk.
Well, after dozens of emails and both of us refusing to budge, I agreed to accept partial payment (more than the amount he initially offered) so we could put the issue to rest (I think the lawyer would have laughed at me when I told him the amount in question). Payment arrived via PayPal yesterday.
It's a shame that my relationship with the magazine had to end this way, but since this person has such a low opinion of writers, I don't think the relationship was worth continuing.
I'm impressed that you continued with the follow-up. I think sometimes they hope we'll get so frustrated that we'll just quit. I recall a few times going through this, both collecting writing fees and speaking fees. (EVERY single time it was the "our bookkeeper person is sick/having a baby/on vacation.") Thankfully, the vast majority of people keep their end of the writing bargain.
Kristi Holl
Writer's First Aid blog
You go Susan! Stick to your Guns!
I KNOW EXACTLY WHAT THAT FEELS LIKE!!! But sometimes, the cost of dragging them to court or bringing in a lawyer to draft the letter is not worth the hassle (and price). I don't know. I like Lori's suggestion ....'to avoid litigation'. Will keep that in mind!
Thanks, all!
I like Lori's strategy, too, but if it doesn't work, I do think you need to be prepared to follow-up with litigation. Otherwise, it's an empty threat.
In my case, I wouldn't take them to small claim's court, but I will refer it to a collection's agency if it drags on much longer. Another writer recommended an agency whose fees are based on the amount collected. So, if they don't collect anything, then I don't have to pay anything.
I have yet to deal with these as a freelance writer, but my day job is as a managing editor for a book publisher of small trade books. Unfortunately we do only have one accounts payable person and if she's out, there is just no one to sign our writer checks. It is extremely frustrating to me because I know what it's like to be on the other side of things, but it can be an unfortunate reality.
Post a Comment