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  • Locked thread
Sri.Theo
Apr 16, 2008

Subjunctivitis posted:

The legal fees are always awarded to the winner. I was awarded the amount of my invoices (for which I was suing), filing fees, mailing fees, and process service.

He had 30 days from the date of judgment to pay up. He had 30 days from receipt of judgment in the mail to file for an appeal, and I just got an e-mail from him yesterday saying that he had filed for a appeal (true to form, he filed 3 days before the window to file closed).

He is appealing on behalf of the decision made on my suit. He cannot appeal the decision made on his suit. So he's basically saying, "Nuh-uh, I don't owe him the money, like the other judge said." Both of our cases will get reheard, so he will have another opportunity to tell a judge that he thinks I should compensate him for the internship.

I don't know anything about what Pyror on Fire is saying, but from what the court says, this next hearing is the last time these cases can be heard. So it should be done and done after the appeal hearing. (I don't know about him having a lawyer in the family, but I'm sure he got a bit of advice from someone he knows, and everything he's done so far is with easily-accessible information for going through the small claims process.)

Just want to give props to you sticking with it and of course keeping the thread updated! Unfortunately nothing you ever do will convince him that he was in the wrong.

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Subjunctivitis
Oct 12, 2007
Causation or Correlation?
He filed for a continuance for the appeal date (again last minute, of course)...

Paiz
Jan 14, 2004
Sorry if this is bad taste but I'm curious how much money this is all over?

I'm finding this all very interesting OP, keep updating!

Subjunctivitis
Oct 12, 2007
Causation or Correlation?
It's just over $1k worth of invoices and expenses. There's an additional ~$1.1k in punitive damages and interest I am suing for, as well.

Centripetal Horse
Nov 22, 2009

Fuck money, get GBS

This could have bought you a half a tank of gas, lmfao -
Love, gromdul
I've worked with and for guys like this, before. Likely, we all have. No matter what you do, or how you do it, he is the injured party. You gave him dozens or hundreds of hours of free, revenue-producing labor, but he says you owe him for his valuable knowledge. You spent your money in good faith, expecting to be reimbursed, and decided he would withhold payment in compensation for an imaginary debt he decided you owed him. Of course there's a fake lawyer letter, it's almost a requirement in these cases. After jerking you around pre-hearing, you finally get him into a courtroom, and, surprise, the judge rules in your favor. Now, being a sore loser on top of being an egotistical prick, he decides to jerk you around for a while more, either refusing to accept that he is wrong, or choosing to maliciously waste your time, or both.

I am glad you're pursuing this to the bitter end. I would be tempted to either beat $1,000 worth of poo poo out of him, or just drop the whole thing after this much effort. Can you now re-open the issue of punitive compensation, since he is once again opening this case with the courts? I hope so. Keep us updated on this little drama.

red19fire
May 26, 2010

This guy will never admit that he's wrong, as far as he's concerned OP is a disloyal ingrate who took advantage of his generous unpaid internship offer. The clone stamp brush in Photoshop elements is a valuable trade secret! (An actual thing I was told at a mall portrait studio franchise NDA)

Would it be possible to get a gag order included with your eventual favorable verdict? The guy's obviously going to talk poo poo about you to everyone he knows which might close a few doors, if it were me I'd want to get some contempt of court charges tossed at him. I'd bet he's preparing some inflammatory posts on FM, MM or a flickr Pro HDR group discussion right about now.

Subjunctivitis
Oct 12, 2007
Causation or Correlation?
Hoooooo boy.

Ok.

It's kinda hard to really describe the situation in depth, suffice it to say that the outcome was certainly not what I wanted, nor what I thought I could reasonably expect.

That said, we were each "rewarded" with $0.

The judge spent about 30 mins asking us questions about our circumstances and the nature of our perceived agreement (i.e. how we each believed the terms of the training situation to be). She then spent about 30 mins chewing us both the gently caress out.

The judge was pissed that the photographer stopped payment on his checks and that he didn't pay the remaining invoices, since we had an ongoing fee-for-work relationship. The judge was also pissed at me for up and quitting the training and not "being a man about it" and giving him an ultimatum. She felt like he spent a good amount of his precious time training me, and regardless of his lack of hard evidence, he was owed something for the training. She finished off with saying, as the previous judge did, "Get your contracts and agreements in writing!"

My biggest frustration comes from the fact that I was willing to provide more in-depth information this time around than last time, and the judge was less interested in hearing anything than the first judge we appeared before. (Last time the photographer talked and talked and I answered the questions simply and directly.)

While I am disappointed in the outcome, I'm glad this shitshow is over, and when push comes to shove, I'm in no different position today than I was yesterday.

Feel free to ask questions.

Sefer
Sep 2, 2006
Not supposed to be here today

Subjunctivitis posted:

Hoooooo boy.

Ok.

It's kinda hard to really describe the situation in depth, suffice it to say that the outcome was certainly not what I wanted, nor what I thought I could reasonably expect.

That said, we were each "rewarded" with $0.

The judge spent about 30 mins asking us questions about our circumstances and the nature of our perceived agreement (i.e. how we each believed the terms of the training situation to be). She then spent about 30 mins chewing us both the gently caress out.

The judge was pissed that the photographer stopped payment on his checks and that he didn't pay the remaining invoices, since we had an ongoing fee-for-work relationship. The judge was also pissed at me for up and quitting the training and not "being a man about it" and giving him an ultimatum. She felt like he spent a good amount of his precious time training me, and regardless of his lack of hard evidence, he was owed something for the training. She finished off with saying, as the previous judge did, "Get your contracts and agreements in writing!"

My biggest frustration comes from the fact that I was willing to provide more in-depth information this time around than last time, and the judge was less interested in hearing anything than the first judge we appeared before. (Last time the photographer talked and talked and I answered the questions simply and directly.)

While I am disappointed in the outcome, I'm glad this shitshow is over, and when push comes to shove, I'm in no different position today than I was yesterday.

Feel free to ask questions.

So does that mean you're getting paid the invoices but no other damages, or are you not even getting that much?

Subjunctivitis
Oct 12, 2007
Causation or Correlation?
I am getting exactly $0.

(also, as a point of cruel irony, when I loaded up Pandora, the first song to play was Lady Gaga's "Money Honey." (yes, I know it's about love/infatuation and not making cash))

Centripetal Horse
Nov 22, 2009

Fuck money, get GBS

This could have bought you a half a tank of gas, lmfao -
Love, gromdul

Subjunctivitis posted:

The judge was pissed that the photographer stopped payment on his checks and that he didn't pay the remaining invoices, since we had an ongoing fee-for-work relationship. The judge was also pissed at me for up and quitting the training and not "being a man about it" and giving him an ultimatum.

Haha, what the gently caress? The guy illegally uses you as unpaid labor, then stops payment on checks he's written you for debts you incurred on his behalf, and you get a lecture on responsibility?

Subjunctivitis
Oct 12, 2007
Causation or Correlation?
Haha, yup.

He basically had a really strong emotional appeal, which convinced the judge. It also doesn't help that the judge's political bias is Republican (see: eliminate the minimum wage, business is best, etc.)

"You should be thankful that this photographer, who works very hard to run his business to provide his clients with the most beautiful possible pictures has taken his time to help you improve your skills and train you in that capacity. You were very lucky."

I tried to explain to her the nature of these relationships, but as you can read above, she was less than interested in learning about the unusual and flexible nature of the photo industry that's over-saturated with freelancers.

Subjunctivitis
Oct 12, 2007
Causation or Correlation?
I just spoke with one of my friends who is a lawyer in another state, and he was completely aghast at the outcome -- "Wait, does California have a 'be a man' section in its civil code? That whole thing sounds like complete bullshit."

He made a good point though: even if I did win the case, I would still have to track down payment from him, which he would most certainly make as hard as possible to get. I would first have to wait for the judgment to come in the mail (3 weeks), then wait 31 days for him to not pay, then have the sheriff place a levy on his account, and then he would likely file some paperwork with the court to make payments to me for as little as possible per month...

So I do feel relief in that regard; I've already waited 9 months since filing the suit with the court, and it would probably take at least a year for him to pay it all in full (I believe that the court gives 12 mos to pay in full before incurring penalties for non-payment).

What it all comes down to is that he ultimately got what he wanted, which is not to pay me money he owes me because he's a petulant child. Unfortunately for me, the judge thought that it was me who was being a petulant child.

At least I can be comforted in the fact that this whole thing is now settled and that I am (minimally) in no different financial position today at 10:30am than today 8:30am.

the_lion
Jun 8, 2010

On the hunt for prey... :D

quote:

The judge was pissed that the photographer stopped payment on his checks and that he didn't pay the remaining invoices, since we had an ongoing fee-for-work relationship. The judge was also pissed at me for up and quitting the training and not "being a man about it" and giving him an ultimatum. She felt like he spent a good amount of his precious time training me, and regardless of his lack of hard evidence, he was owed something for the training. She finished off with saying, as the previous judge did, "Get your contracts and agreements in writing!"

Be a man? What the gently caress does that even mean? No man is exactly the same. No creative man in my opinion got anywhere by following specifically defined rules. That's how people end up in jobs that suck. They got complacent, lazy and stupid to do anything about it.

I haven't been to court for this specifically, but i've been in the creative industries for 10 years. Pretty much if you're young, this is every company's argument - that they could have not trained you up. It's the reason they justify not paying you or really bad wages. In cases like this, I've found they're not going to change- but you have to. Only use places like that as stepping stones to the next job. The best middle finger you can probably give is "bye." In this case, you'll never see this dickhead again.

Take away this as whole thing as experience. Given the chance, someone will shaft you. When I left to work in my first year, I got shafted 3 times- one of which was working for a month not unlike your thing but still pissed me off enough to now try to send paperwork to sign before every job. This way, freeloaders will freak out at the potentially legally binding words on paper and gently caress off without wasting any more of your time right at the start. I'm actually happy when they do this rather than doing any potentially unpaid work.

Nobody ever teaches you how to write a contract, you usually have to see lawyers to draft one and that's expensive. General rule: some money up front before you actually even do anything. These might help you out:

http://photography.tutsplus.com/articles/10-critical-points-for-strong-photography-contracts--photo-6235

https://lessaccounting.com/blog/free-photography-contracts/

http://www.slrlounge.com/photography-contract-template

girlwithgloves
Jun 5, 2011

Subjunctivitis posted:


"You should be thankful that this photographer, who works very hard to run his business to provide his clients with the most beautiful possible pictures has taken his time...

I wonder if the judge has ever utilized this photographer's services.

tiananman
Feb 6, 2005
Non-Headkins Splatoma
I'm relatively new to freelancing, and I have a few gigs ongoing. I don't know if it's standard elsewhere, but in my field (copywriting) I typically get paid about half of the total fee up front, and then the second half when the work is completed.

So, for two of my gigs, I received payment immediately up front, no problem.

In my 3rd gig, I've been working on it for about 6 weeks, but I still haven't received payment. It's been about a month since I sent an invoice, and I've been told that payment has been processed, but I haven't received a check.

I've done quite a bit of work, and I've given all of it to my contact, but I'm kind of on the fence about doing anymore to further this project until I get the check and it clears.

What's the best way to say this without potentially souring the client?

I mean, I'm fairly certain I'm going to get paid... but I've also never worked with this client and I don't really know them. And I'm also a little annoyed that it's taken this long. I mean, I don't have a cash flow problem, but that's only because my other clients have paid me on time...

Pistol Packin Poet
Nov 5, 2012

Everyone needs an
escape goat!
I don't know where to put this, but:

I recently got a job offer for a startup design firm located in Arizona. While I was giddy with joy getting a job offer, I was quite wary about how I would be getting paid as a Designer for the company. The email states that "You will be paid on commission base as a company employee," while breaking down the payment structures per project. The job is "employment at will".

Now I never heard of a firm paying designers based on commission based payment but it does make sense to get paid for work you've done and only for the work you've done especially when it's a startup firm. Is this normal? And should I take this offer?

EAT THE EGGS RICOLA
May 29, 2008

That is sketchy as heck.

It would be one thing if you were a contract employee who worked and was paid only for hours you were contracted for, but they seem to want you to be a regular employee who just doesn't get paid a bunch of the time?

Xandu
Feb 19, 2006


It's hard to be humble when you're as great as I am.
At will employment is irrelevant, but it seems like they're trying to structure you as an independent contractor, except for the line about "as a company employee." Ask for more details, if there's a commission, is there also a base salary? How much are you getting paid per project, and how long is each project?

It seems sketchy, but if those numbers are reasonable/competitive to you, I don't see a reason to turn down the job. The fact that it's a startup, however, makes me think that you won't be getting paid much at all.

Subjunctivitis
Oct 12, 2007
Causation or Correlation?

the_lion posted:

Be a man? What the gently caress does that even mean? No man is exactly the same. No creative man in my opinion got anywhere by following specifically defined rules. That's how people end up in jobs that suck. They got complacent, lazy and stupid to do anything about it.

I haven't been to court for this specifically, but i've been in the creative industries for 10 years. Pretty much if you're young, this is every company's argument - that they could have not trained you up. It's the reason they justify not paying you or really bad wages. In cases like this, I've found they're not going to change- but you have to. Only use places like that as stepping stones to the next job. The best middle finger you can probably give is "bye." In this case, you'll never see this dickhead again.

Take away this as whole thing as experience. Given the chance, someone will shaft you. When I left to work in my first year, I got shafted 3 times- one of which was working for a month not unlike your thing but still pissed me off enough to now try to send paperwork to sign before every job. This way, freeloaders will freak out at the potentially legally binding words on paper and gently caress off without wasting any more of your time right at the start. I'm actually happy when they do this rather than doing any potentially unpaid work.

Nobody ever teaches you how to write a contract, you usually have to see lawyers to draft one and that's expensive. General rule: some money up front before you actually even do anything. These might help you out:

Thanks for the input. I'm confident I'll ever see or hear anything from him again. I also did this for experience, as you mentioned. I've know some other photographers who have had to go to court, and I felt it better to call the photographer out on his threats of legal action at a point in my life where I have the time to deal with this and figure out the process, and not when I might have to interrupt ongoing work/business.


I'm also plenty aware of the cheap people who "promise" to "pay you later." I've turned down a few of those jobs (sometimes by being a bit of a dick about it and sending an estimate for the job), and of course they whine about all the potential opportunities I'd be missing out on. I my case, the photographer whined to me about quitting and told me, "well now you can take all this experience and go work for someone else."

I was also hesitant for taking this on, for the bad signals it sends about doing free work that someone else is getting paid on, even if I am being trained. His lack of terms (i.e. the timeline for which this training would take place) was the main reason for me quitting.

tiananman posted:

In my 3rd gig, I've been working on it for about 6 weeks, but I still haven't received payment. It's been about a month since I sent an invoice, and I've been told that payment has been processed, but I haven't received a check.

I've done quite a bit of work, and I've given all of it to my contact, but I'm kind of on the fence about doing anymore to further this project until I get the check and it clears.

What's the best way to say this without potentially souring the client?

I mean, I'm fairly certain I'm going to get paid... but I've also never worked with this client and I don't really know them. And I'm also a little annoyed that it's taken this long. I mean, I don't have a cash flow problem, but that's only because my other clients have paid me on time...

Yes, it's always annoying when you don't get paid within your net 30 (or net 15, whatever you're using). And it's definitely worrisome when it's a new client who has yet to make a payment, but as long as you make regular follow-ups that are firm but not annoying requests and the client is positively responsive to your inquiries, you shouldn't have to worry too much, but just be patient. There have been times where I've had clients do all kinds of things w/r/t getting me a check:
-- give me a check and ask to deposit it "in a couple days or so. I have money coming in and going out right now, I just want the bank account to settle down"
-- "hey, I was supposed to pay you last week, I'm really sorry, I was wrapped up with some other stuff and forgot this in the mess. I'm getting a check out to you right now."
-- (from a studio) "uhhh, you haven't gotten paid yet? ok, re-send me your invoice so I can forward it to the bookkeeper so they can get money out to you." (this one took 4 months to get paid because they were so disorganized with whatever was going on in their offices)
-- "my client hasn't paid me yet, either =("

When I first started assisting, I was told early on, that sometimes assistants would not get paid on time, since plenty of times photographers wouldn't receive payment from their clients until months later.

Every freelancer has a story about some client who dicks them around on payment. EVERY. If you haven't yet, you will. My situation here is not my first time, but by god it was just so dramatic.

Immediate payment is a rare thing when freelancing, and I'm super happy and surprised when I get that. And like the_lion said above, getting some sort of deposit is a good practice. One photographer I did some work with collected 50% when he showed up to the location, before unloading gear, and then got the rest when he delivered the project to the client. Others get a 10-20% at contract signing, another portion once the shoot is in the can, and the rest after delivery.

What you get paid and how you get paid are really tricky, and I don't know how many seminars and roundtables I've been to about those topics.

tiananman
Feb 6, 2005
Non-Headkins Splatoma

Subjunctivitis posted:

What you get paid and how you get paid are really tricky, and I don't know how many seminars and roundtables I've been to about those topics.

I work in a relatively small world segment of the publishing business, and it's rare to find a firm or a manager who's more than 2 degrees separated from me. I've been in the business for almost a decade, but I'm new to freelance.

So, I know *of* this firm, and I know people who know people there, it's just annoying that they're taking 6 weeks to pay me instead of the 1 week I'm used to - which seems to be industry practice.

Last week my contact said my payment had been processed. That was on Thursday. How long does it take for a check to get from DC to New England?

Is it unprofessional to stop work until I get my check? I want to get this project rolling - as in theory I'll get paid again when I finish it, but at some point... I'd prefer to work on stuff for clients who have paid me or I who I know will pay me again soon.

Pistol Packin Poet
Nov 5, 2012

Everyone needs an
escape goat!

Xandu posted:

At will employment is irrelevant, but it seems like they're trying to structure you as an independent contractor, except for the line about "as a company employee." Ask for more details, if there's a commission, is there also a base salary? How much are you getting paid per project, and how long is each project?

It seems sketchy, but if those numbers are reasonable/competitive to you, I don't see a reason to turn down the job. The fact that it's a startup, however, makes me think that you won't be getting paid much at all.

Most likely, it would just be a side job I guess. I might take the offer just to gain some experience and if it is indeed scummy, I'll just walk away. But thanks guys for your input. I really appreciate it.

Subjunctivitis
Oct 12, 2007
Causation or Correlation?

tiananman posted:

I work in a relatively small world segment of the publishing business, and it's rare to find a firm or a manager who's more than 2 degrees separated from me. I've been in the business for almost a decade, but I'm new to freelance.

So, I know *of* this firm, and I know people who know people there, it's just annoying that they're taking 6 weeks to pay me instead of the 1 week I'm used to - which seems to be industry practice.

Last week my contact said my payment had been processed. That was on Thursday. How long does it take for a check to get from DC to New England?

Is it unprofessional to stop work until I get my check? I want to get this project rolling - as in theory I'll get paid again when I finish it, but at some point... I'd prefer to work on stuff for clients who have paid me or I who I know will pay me again soon.

It's kind of a risk, but one I think you'd have to take as a freelancer: keep doing the work.

Again, it's really frustrating to not have payment yet, and it's been over the weekend to get to you, but they still haven't done you dirty... yet.

(You're used to 1 week payment? I have a hard enough time dealing with net 30s... talk about getting used to waiting for money, we're used to getting paid close to last-minute... I've heard plenty of stories of photographers who don't get paid until 6+ months later, even despite net 30 terms, because the ad agency drags their rear end, or their client hasn't coughed up $$ yet...)

tiananman
Feb 6, 2005
Non-Headkins Splatoma

Subjunctivitis posted:


(You're used to 1 week payment? I have a hard enough time dealing with net 30s... talk about getting used to waiting for money, we're used to getting paid close to last-minute... I've heard plenty of stories of photographers who don't get paid until 6+ months later, even despite net 30 terms, because the ad agency drags their rear end, or their client hasn't coughed up $$ yet...)

Yeah I usually get paid before I do anything. Or at least the check arrives within a day or two of when I've started. I usually get paid 50% up front, as in, we sign the contract and they cut the check before anything has been done.

Then I get the other half when they think the job is done. If it's taking too long or it's not working out for them, there's also a kill fee built into most contracts that's equal to about 10% of the total.

I also get royalties on any sales from the work.

I have another call with this guy today and I'm kind of straddling the line a little bit because I honestly haven't done much work since last week. I figure talking on the phone can't hurt, but we'll see if the check comes. If it's not here by the end of this week, I'm cutting him loose. I have other clients I can do work for who I know will pay me so tying my bandwidth up for what might be a bigger payday isn't ideal.

red19fire
May 26, 2010

tiananman posted:

I have another call with this guy today and I'm kind of straddling the line a little bit because I honestly haven't done much work since last week. I figure talking on the phone can't hurt, but we'll see if the check comes. If it's not here by the end of this week, I'm cutting him loose. I have other clients I can do work for who I know will pay me so tying my bandwidth up for what might be a bigger payday isn't ideal.

I'm not quite sure what your work entails, but wouldn't it be easier to just tell them that their work is on the back burner since you're still waiting on a check, or is it an all-or-nothing job? I would let them know that paid-for jobs take precedence and see if that lights a fire, especially if you've sunk some time into it already. If they refuse to pay you until the job is done and in hand, maybe fire them for being unreasonable.

I think I got another ridiculous assistant job offer. 30 minute interview, then 90 minutes of assisting them on an actual engagement shoot, in order to determine if I'm worthy of being paid to assist a wedding photographer. It's literally just moving lights around and changing batteries, why does every job offer have to be staged like a reality show?

E: vv yes, that's what I meant.

red19fire fucked around with this message at 20:09 on Apr 9, 2014

tiananman
Feb 6, 2005
Non-Headkins Splatoma

red19fire posted:

I'm not quite sure what your work entails, but wouldn't it be easier to just tell them that their work is on the back burner since you're still waiting on a check, or is it an all-or-nothing job? I would let them know that paid-for jobs take precedence and see if that lights a fire, especially if you've sunk some time into it already. If they refuse to pay you until the job is done and in hand, maybe fire them for being unreasonable.


I'm afraid if I say anything I could piss them off and possibly ruin the gig altogether. I don't want to come off as difficult and have them say, "gently caress it, cancel payment on the check, we're finished."

I mean, it doesn't cost me anything to wait and to hold back on the amount of output they're getting until I see the check. If they press me I feel comfortable saying, "I did a bunch of work for the first month, but now we're over 6 weeks in and I still haven't been paid so I'm hesitant to keep burning time on this project."

The work I've given them isn't very useful for them until it's finished, so it's not like they can take what I've given them and rip me off. They'd have to have someone finish it, and it's not something most copywriters would enjoy doing.

It's also none of their business how many other gigs I have ongoing. I don't want to tip my hand if I don't have to.

tiananman
Feb 6, 2005
Non-Headkins Splatoma
Update:

Still no payment. It strikes me as highly unlikely that the check was mailed over a week ago and hasn't arrived. And my contact expects work handed in by the end of this weekend.

I'm annoyed more than anything because I've pestered this guy like 10 times about the payment, and he doesn't seem very motivated to iron things out. He just says, "oh I'll double check" and then never gets back to me. Since it's been well over a week since he claims my check was "processed" I don't know what to say.

Maybe I'm not being clear enough about how I really need to get paid... but it's frustrating that I would have to spell it out for him.

I just looked at the contract I signed on Feb 28th, which says, "contractor will be paid $XXXX upon signing this contract."

Would it be too subtle to say something like, "Hey I have another draft for you to look at that I'm finishing up. In the mean time can you double check and let me know if the check has been mailed? I'm getting anxious because it's been over a week since you said the check was processed. I'm worried it might have been stolen or gotten lost."

Subjunctivitis
Oct 12, 2007
Causation or Correlation?

tiananman posted:

Would it be too subtle to say something like, "Hey I have another draft for you to look at that I'm finishing up. In the mean time can you double check and let me know if the check has been mailed? I'm getting anxious because it's been over a week since you said the check was processed. I'm worried it might have been stolen or gotten lost."

This is a good way to handle it. It gets the point home (you've been expecting payment, it's been communicated to you that it's on its way, and that you haven't yet received it) and it places blame/responsibility outside of you and your client. They can then check, see "Oh, yeah that went out a while ago, we'll cut you another one;" "We just sent them out yesterday, you should get it soon. Let us know if it doesn't reach you;" or "Oh crap. Yeah, it hasn't been sent it out yet, we'll get that in the mail first thing."

I've had to do that (actually 2x over the past year), and it's a "hint, hint" *poke in the ribs* method that I've met with good success.

tiananman
Feb 6, 2005
Non-Headkins Splatoma

Subjunctivitis posted:

This is a good way to handle it. It gets the point home (you've been expecting payment, it's been communicated to you that it's on its way, and that you haven't yet received it) and it places blame/responsibility outside of you and your client. They can then check, see "Oh, yeah that went out a while ago, we'll cut you another one;" "We just sent them out yesterday, you should get it soon. Let us know if it doesn't reach you;" or "Oh crap. Yeah, it hasn't been sent it out yet, we'll get that in the mail first thing."

I've had to do that (actually 2x over the past year), and it's a "hint, hint" *poke in the ribs* method that I've met with good success.

Yeah it worked. I got paid. Drama over - at least on the payment side.

red19fire
May 26, 2010

Just want to reiterate, you guys: everyone is out to screw you so get stuff in writing. Also don't do nice things for anyone, ever.

I got an offer to assist a photographer I admire, in NYC. He talked me into bring my own gear and a reduced day rate since he'd be coming from out of town to shoot 3 jobs in a day. No problem I like his work and it'll be good to learn something.

I busted my rear end on the first job, and he says 'oh the other 2 jobs canceled so I won't be able to pay you since this trip barely paid for itself, send me an invoice for $30 that should cover gas and tolls'

$3k in gear and an assistant, for basically free. And he even said "just send me an invoice afterwards, we're both professionals", and said he'd hook me up with a magazine editor contact. He gave me the editors public email from their website.

Now he's not answer phone calls or emails. Every time :suicide:

red19fire fucked around with this message at 00:28 on May 28, 2014

RogueLemming
Sep 11, 2006

Spinning or Deformed?

red19fire posted:

I like his work and it'll be good to learn something.

Well, it sounds like you learned something.

Honestly, that lesson may save/make you more money than anything he could have ever shown you about cameras. Probably a day well spent if it really sunk in.

Subjunctivitis
Oct 12, 2007
Causation or Correlation?

RogueLemming posted:

Well, it sounds like you learned something.

Honestly, that lesson may save/make you more money than anything he could have ever shown you about cameras. Probably a day well spent if it really sunk in.

Yes.

For creatives, it's most often the case that it is more difficult to learn how to manage the business side of things than to do the actual work.

When I talk to my colleagues, a frequent saying comes up: "Life would be much easier without clients." Of course, the caveat to that is that without the client there's zero promise of payment.

If you're gonna work as a freelancer, you really really have to get used to taking your licks. You will get screwed over and you will get pissed the gently caress off with ornery or insatiable clients. And you will have to get your hands dirty.

If you aren't OK with the above 3 sentences, it's time to go be an employee.

The photographer who is a subject of my lawsuit was not the first one for whom I did free work. When I first started, I worked with one photographer who just plain didn't have the money to pay me on all of the shoots I worked on for him, much less any time I helped him out in his studio. He did, however, pay me when he could (and he paid fast, which was nice) and gave me permission to use his studio whenever it was available to me. But when I showed up for free, I was cleaning and organizing his studio, helping him with e-mails, helping him on business accounting, working with him on some marketing supplies for events that he hosted/collaborated on, etc. That was some good exposure to a well-rounded small-business experience even if he wasn't the most financially successful photographer. I spent some months doing this, but then quit when he started having regular expectations from me -- I wasn't going to always be available to him when I needed to take paid work. That's when I learned how to set certain boundaries for myself.

The photographer who I sued wasn't happy with me setting boundaries and asking for clarification and terms, and like a child, he got upset when I decided I wasn't going to be at his beck-and-call for free work for him. Multiple times he said that everything was on his terms, but I could negotiate with him, but to keep in mind that if he declined my terms that I was still obligated to do as he wished in that context. For free.

And it's not like everyone is deliberately out to screw you over. But everyone is totally fine with screwing you over!

Plenty of freelancers fire their clients and not all clients are fine with being fired (I mean, who is happy when they're fired?).

Here's a handy flowchart I got from the Dorkroom a while back:

Should I work for free?

and The World's Longest Invoice


One last thing: It's not that you should never do "free" work, but you have to decide if it constitutes unpaid labor or an opportunity to make/learn/do something new. And for any situation you give your time and energy to someone else without the expectation of payment, it should be on your terms, not theirs.

red19fire
May 26, 2010

RogueLemming posted:

Well, it sounds like you learned something.

Honestly, that lesson may save/make you more money than anything he could have ever shown you about cameras. Probably a day well spent if it really sunk in.

Not really, he set up his shots exactly how I would have, and he kind of alluded that he was phoning it in because the 'fitness' model wasn't in great shape having just peaked for a contest the week before. The model was paying him $800 for the shoot, and hair/makeup, and a rental fee to the gym.

I did find out how much he charges, and its pretty comically high, so I have a good basis to figure out my own pricing. The lesson was that my time and expertise is valuable, and I am at least as creative and technically proficient as working pros so I should get my act together.

I assisted a major LA photographer in NYC yesterday for the third time on a big shoot with Petra Nemcova. First two shoots were for free, this one he paid me the normal rate. Movin' on up.

red19fire fucked around with this message at 04:04 on May 30, 2014

Golden Bee
Dec 24, 2009

I came here to chew bubblegum and quote 'They Live', and I'm... at an impasse.

red19fire posted:

Just want to reiterate, you guys: everyone is out to screw you so get stuff in writing. Also don't do nice things for anyone, ever.


The continual lesson of the freelancer: half on initiation, half on delivery. Protects both parties from total screwdom.

tiananman
Feb 6, 2005
Non-Headkins Splatoma

Golden Bee posted:

The continual lesson of the freelancer: half on initiation, half on delivery. Protects both parties from total screwdom.

And have a kill fee put into the contract too. I have a kill fee of $500 which is usually about 10-20% of my total fee. If I spend a month on something and a client just decides that the project is not a go anymore through no fault of my own, it's a huge waste of my time to have that month be for nothing. I could have picked up another project - and they need to pay for that opportunity cost, because I certainly can't afford to.

You can also add in other little fees, like an up front, one-time research fee, depending on your field. It takes me a while to get ramped up with a new client because I have to learn about their customers, their brand, their personas - and roll that up into the time I spend on their project. If it's just a one and done project, it's a lot of sunk-time just getting familiar with that client. That's work and you should get paid for work. And it's something you can give back to them after you've done your research - you can deliver your "company brief" and they can use it for other contractors or add it to their wiki.

If it's going to be a repeat client, it's great because it costs them less to keep me as a contractor for each project.

Also consider adding in a contact-me-anytime fee. If you expect me to be on call 24 hours a day and pick up the phone on the 3rd ring no matter what - or if you expect me to answer an email 20 minutes after you send it instead of during the next business day - that's going to cost you. If you want me available on weekends, that's going to cost you.

It won't cost much, but as a contractor you need to get paid for your time - and your clients need to pay for their expectations. In most cases, these fees are a tiny fraction of a percentage of a rounding error for your client, and if you run into major resistance, it's probably a sign that you don't want to work with them.

Golden Bee
Dec 24, 2009

I came here to chew bubblegum and quote 'They Live', and I'm... at an impasse.

tiananman posted:

ect.

Also consider adding in a contact-me-anytime fee. If you expect me to be on call 24 hours a day and pick up the phone on the 3rd ring no matter what - or if you expect me to answer an email 20 minutes after you send it instead of during the next business day - that's going to cost you. If you want me available on weekends, that's going to cost you.

Took on a "why the hell not" client like this, didn't set guidelines, it ended lamely.

Another thing: If they won't send back the contract, they're bad, full stop. There is no reason why honest business shouldn't be in writing.

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Subjunctivitis
Oct 12, 2007
Causation or Correlation?

tiananman posted:


You can also add in other little fees, like an up front, one-time research fee, depending on your field. It takes me a while to get ramped up with a new client because I have to learn about their customers, their brand, their personas - and roll that up into the time I spend on their project.


In photography this is billed as "pre-production," which includes conceptualization time, location scouting, assistants (where needed), tests, etc. And then on the back-end we bill for post-production, which is the editing and retouching of images, which may include the cost of an editor/retoucher. And the client is involved in all of this process, of course. There's definitely a lot of time spent on client education and managing expectations, since so many clients (esp. on the sub-5-figure jobs) think of the job as only the shoot and they expect all kinds of wizardry to happen.

I don't know any photographer (or web designer or graphic designer, for that matter) who will say that far and away the hardest part of their job is managing expectations and client education, and I think that concept translates across all freelance work.

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