Could use some advice

[Eireann]

As some of you know, I'm a freelance worker. I do most of my work for a company that used to be very laid-back and easy to work for.

Well, that has changed. We're expected to do a certain service free of charge. We tried to get an increase in the rate we're paid to correspond to this service, but the company refused. Now, as I said, before, I'm a freelancer; so is the other person here. We both do work for other organizations, but this one has the lion's share of work for us.

I've been worried that if I rocked the boat, they would say, "Oh, well, sorry; I guess we'll find someone else to do it." This, despite the fact that they pay less than every other company in this field, despite the fact that at least one freelancer of my acquaintance refuses to work with them, due to the fact that they don't pay enough, and don't pay within a reasonable period of time.

I know that if they were to stop giving me work, they'd have a hell of a time finding someone who would work under their conditions for lower pay, and do an effective job. I know this, logically. Still, I worry about not getting work from them (and right now, there's not been a lot of work coming my way as it is).

Now, they're trying to withhold a certain paper that I need in order to invoice from them, in an attempt to force me to do this unpaid work. I told them that this type of behavior is poor business practice, and possibly illegal. They told me that it's an office regulation. I told them that I never agreed NOT to be paid until I was a good little girl (okay, I didn't say that part) and did this unpaid work.

So the issue has been sent to the person in charge of such things, Tattler Central, who will, I have no doubt, make all kinds of excuses and not listen to the very good suggestion I made concerning a much easier and more efficient way to get this crappy unpaid work out of the way so that we can concentrate on the work we're PAID to do.

Yes, this is mostly a vent - but does anyone have advice on how I should handle this mess?

[Geek King]

Is the money due too much for small claims court? Small claims court can get you a judgement, then you could file a lien against the company's assets until you get paid. If it is a larger amount, you may need to talk to a lawyer who knows the laws for your location. An hour or so should get you the answers you need, and you can include the costs in the damages claimed if you file suit.

Many places have a small buisness association, which you would qualify for as a freelancer. Many of these groups will have resources for legal matters. It would be worth looking into.

[Eireann]

I live overseas, and trying to get money from some companies here can be like the proverbial attempt to get blood from a stone. The facts here are that we have entered into NO agreement, written or otherwise, that I would do this unpaid work, yet the company thinks it's okay to withhold payment for the work that I HAVE done until I do the unpaid work.

I think I'll just point out to them that when they order work from me, I don't tell them when it's done and just wait for them to pay me; when it's done, they get it. I don't play these bullshit games with them.

When I began working in cooperation with them some years ago, things were so much better. The owner was much more involved, and I wonder if he's just decided to hand over the management to other people, resulting in this mess.

[Seshat]

I think I'll just point out to them that when they order work from me, I don't tell them when it's done and just wait for them to pay me; when it's done, they get it. I don't play these bullshit games with them.

I think you need to.

Don't give them work until you're paid for the previous work. Document how long it took to get paid. Document everything!

If they delay your payment even once more, don't give them work until you're paid for this work. And stick by that.

If they delay your payment after THAT, don't start work without an advance payment.

[Eireann]

This is a continuation of my previous thread titled "A good, swift kick in the butt". The way I see it, it's time for me to move on and do something I love to do. To that end, I've been advertising, emailing, and putting my nice new business cards in public places. In the meantime, however, the situation with this company needs to be resolved.

[SpyOne]

Well, it appears you have done the first (and probably most important) thing I'd advise: figure out some way to make a living if/when you stop working for this company.

That gives you the freedom to flex some muscle.

Depending on how much they owe you, spending $100 on a visit to a lawyer might be a sound investment. A polite, professional letter on a law firm's letterhead and signed by a member of the bar, explaining how it violates federal law to ask for work without compensation, how the extra work they have asked for is not covered in the contract, and how it violates state and local laws to withhold payment could change their attitude remarkably.

But you have to be prepared for the possibility that it will change their attitude to "Eireann is too hard to work with, demanding her rights and involving lawyers and stuff. We should hire somebody else instead."

[Eireann]

Well, they can't fire me, because I work freelance. I have a friend who is a lawyer, and when I called him yesterday, he said, "Of course they don't have the right to do that, but you're dependent on them."

Why, thank you, dear.

It is easy here, very easy, for entities to rip off their suppliers. One cute little trick that used to be all the rage was to set up a company, run up all kinds of expenses, then declare bankruptcy.

I have no contract with them, and they should be VERY grateful that I don't reveal to their competitors what they are doing, and equally grateful that I don't reveal any other information I am privy to, simply by providing work for them. It seems that my work ethic is superior to theirs.

They hired someone to "oversee" this area of the company, and I don't know why, since this employee is largely ineffective. I'm going to go over her head, which is what I should have done a long time ago, and talk to the company management, laying out my ideas for streamlining the company's processes and making it a more efficient place (which will save time and money for them, as well as for me).

[Geek King]

Hmm, I see the problem then. I have to agree with your plan to withold future work until payment is rendered. Maybe let them know it is done, but you will not release it until payment has cleared. Tough case.

One thought--If the owner used to be involved and better to work with, you may want to send the owner some private correspondence to clue him in on the issue. If you previously had a good working relationship, they may be able to swing some clout to your advantage. Fighting dirty to get your rightfully due payment isn't underhanded--its survival.

[Eireann]

It's a convoluted situation. Things used to be much better here; they didn't pay us above the market rate, but they were willing to pay more if the work was difficult, they actually respected our opinions on the work, they would give us more time to finish a job, if possible. Now, everything's becoming standardized, and we're receiving evaluations on the work we do (with a friendly little note that if we drop below a certain standard, there will be a financial penalty), we're not taken seriously in our suggestions or complaints, and we're being treated like grunt workers, not independent contractors.

One of the things that really pisses me off is that we wouldn't be here if we didn't know what we were doing. I made a great suggestion on improving the company's process of taking orders. It hasn't been implemented, and I doubt that it ever will. I have other ideas that will help the company, but really, I'm not so sure that I should tell them. THEY make the rules, and WE are expected to follow them - no written agreements, just their God-like statements that they want us to obey.

No wonder so many freelancers around here refuse to work with this company.

Edited to add: I'm so fed up with the woman who is "in charge" of us that if I were running my own company, and she applied, I would jet her resume directly into the circular file. I'm not in the least impressed with her method of "management", which includes threats of lower pay for various problems. The fact that she is here, and has been given a job like this, shows the alarming trend the company is taking.

[Dips]

It sounds a lot like they need the work just as much as you need your money. Especially since they're going to have a very hard time getting anyone else to do work for them.

Withold the work until you get paid. They might get mad, but for what? You standing up for yourself? Let them.

They might threaten to stop sending you work. So what? You're not getting paid for the work you've already done, so why worry about not get more work for which also won't get paid?

And besides, you know perfectly well that they won't be able to replace you easily. It's a bluff. Call it.

Our company has worked with more than one non-paying or slow-paying customer. The first time, we just get payment for the last shipment before we will ship the next one.

The second time in a row, we get payment for the last shipment and tell them to pre-pay for the next one or it doesn't go out.

They get mad. They threaten. But they need the product, so they pay.

I've learned that sucky people don't change their behavior as long as I allow them to continue it with no consequences.

[Eireann]

One thing that I tend to forget is that the woman I'm dealing with is, no doubt, following the orders given to her From Above. Today, I sent her an email pointing out the fact that I'm not paid for this work (which she claims is part and parcel of every job). I also pointed out that no agreement had been made that I would do this unpaid work in exchange for the honor of being paid.

Then I said that I had some very good ideas for improving things at the company, and that I'd like to talk it over with her superiors.

No reply yet.

The thing is, when I first started working for this company, we didn't HAVE all these regulations, and we did DAMNED well. My coworker and I were the main people providing this service, and we worked hard, we worked fast, and we got things done. There were complaints occasionally, but not often. Now, the end users have come to realize that if they complain, they can get something at a discount, or free - and you all know what THAT means. When we were in charge of our own area, things worked for us, and they worked for the company.

Now, though... it just pisses me off, the way we're being treated like automatons. The work we do isn't something that just anyone can do; as a matter of fact, VERY few people I know can do it. They'd have a hell of a time finding someone else.

Even with all the complaints, I've been making, I've been keeping my attitude up. When I find myself thinking about how much I dislike the "manager's" actions, or when I worry that they might try to find someone else, I start thinking of something positive. It really helps. I do tend to slip back into thinking work thoughts, but I'm able to catch myself at it, and direct my thoughts elsewhere.

An attitude like this can't hurt if I pitch my case to the higher-ups at the company.

[Eireann]

Looks like we're having a meeting on the topic in a few weeks. I made a suggestion that should help, but since this is a large company, and the suggestion makes sense, it probably won't fly. However, it shows the company that I really am interested in changing things for the better around here.

I don't want to keep kicking up a fuss here; I'd rather get along with everyone. This is just getting to me, though, with all the new regulations stifling us. Now I know why the salaried employees leave after a year or two.

[Eireann]

Gah. Just got an email from She Who Is In Charge, telling me that I have to do the work or I'll be paid less, no exceptions.

I almost emailed her back to let her know that, in this case, there is no need for us to meet, because I am no longer interested in sharing my ideas for improving things around here. I decided against emailing her, since I know what problems can arise from firing off a message in the heat of the moment. I am keeping it in mind, though. I don't owe the company anything, and the ideas I have, though they would be convenient for me, aren't something that I feel I must share in order to make my working life ever so much easier.

Fuck 'em.

[Dips]

Looks like we're having a meeting on the topic in a few weeks. I made a suggestion that should help, but since this is a large company, and the suggestion makes sense, it probably won't fly. However, it shows the company that I really am interested in changing things for the better around here.

Your suggestions are all well and good, but I would not bring them up until you've resolved the issue with them not paying you for your work in timely fashion. Don't expect them to be grateful enough to you for your ideas that they'll change their behavior. You are likely going to have to force that issue yourself.

Remember that it's YOUR job to look out for YOU.

I don't want to keep kicking up a fuss here; I'd rather get along with everyone. This is just getting to me, though, with all the new regulations stifling us. Now I know why the salaried employees leave after a year or two.

I understand. People should do the right thing without having to be forced to. But many don't. Getting along with people is a two way street. They aren't doing THEIR part to get along with you.

You have a choice. Allow them to continue treating you like a doormat or stand up for yourself. The doormat option seems easier in the short run, but in the long run you'll be happier knowing that you overcame your fear of confrontation and stood up for yourself.

I know it's scary. I don't like confrontation either, but I hate being taken advatage of much more.

And you may be surprised. Once you make them treat you with respect you may find them easier to get along with.

Or not. But you'll be getting your money.

[Eireann]

One of the things that causes me to hesitate is that, in my work history, I have not always been a stellar employee. My early work history, in particular, is, to say the least, not good. This tends to come to my mind when I think of standing up for myself - is it really in my best interests, or am I reverting to past behavior when I was so screwed up?

This allowed one company (not this one) to take complete, thoroughly shameless, advantage of me; I was so stressed that I had a hard time even eating (I kept losing my appetite), and I was horribly tired every day. I wrote about the owners of that company in a post here some time ago, referring to them as Hag and Ho.

It is true that when I started working at the current company, we did the work that this woman is now pushing me to do, and no, we weren't paid extra for it. It didn't become a problem until they changed the way in which it was done, which took significantly more time to do.

I got a message from The Woman telling me that "it's always been this way."

I asked her how long she's been at the company, and she gave me the non-answer that it doesn't matter.

To hell with it. When I've cooled down enough, I'll inform her that I won't be giving her, or the company, any more ideas for improvement.