Not Getting Paid - What should I do?

mjmcneese

mjmcneese

Veteran
Since December I have been working for a regional sports network as a freelance Technical Director. All of the crew that I work with are all freelance, too. Problem is that the network isn't paying us! We are all paid up through maybe the middle of January. On average, I'd guess that each of us crew members are owed an average of $5000...and there's at least 20 of us. So, we're starting to get scared that the network is gonna go belly up, go bankrupt, and then we all get the shaft. So, is there any action I/we can take to protect our invoices to make sure we get something for the work we've done? I'm sure I could hire an attorney to look into it for me, but I can't afford it :)
 
So working hard for no pay right now is somehow not getting the shaft?

Your logic escapes me.


1. Stop working.
2. File in small claims while you still are below its max.
3. Move on.
 
craigbowman said:
1. Stop working.
2. File in small claims while you still are below its max.
Click to expand...

Yeah...a lot easier said than done. This is my livelihood. I'm not going to stop showing up just to possibly save my time. I think they will likely pay, but I'm just saying...what if they don't? And small claims won't care if they're less than 120 days old contracts. I'm still at like 82 days as the oldest of my invoices.
 
First and foremost. Don't worry about the rest of the crew. That sounds harsh, but unless you're a broker or agent for those assets, you need not include them in your campaign to get paid. In your mind assume that everyone but you has been paid.

I would start by making yourself better known with their AP department. On a daily basis if necessary. It is all business, but you must be firm. Begin with statements for anything over 30 days out. Let them know that you'll charge interest on unpaid invoices past 90 days out.

Let them know that you understand if there is a backlog, but that you cannot continue to extend terms if they cannot keep you between 31 and 60 days on receivables.

Their response to this will dictate your next steps. Cessation of services, collections, civil court would be a natural, legal progression of steps you would take.

e
 
Been in the photography game for 30 years.
Send statements
Face to face talks with the client...NOW
Certified Letters ALWAYS get their attention
On all my invoices it states that no copyright release for any photos are granted until the invoice is paid in full (this may not apply to your situation though)

And finally my mom was a good business woman. I didn't agree with her comment but now as I reflect on it, I surely do now. My toughest collections are the ones from clients that I have been close to. Her comment was:

Familiarity Breeds Contempt. I think this does indeed apply to our business associations.

I have been the small claims route but it is a long hassle. There are also colleciton companies that could take up to 40-50% of what they collect for you. Good luck.
www.sjbaraophoto.com


p.s. About continuing to work for nothing now? That is a tough call. You need to get at least a good faith payment and a substantial one NOW to continue working or shame on you. (Please no offense meant)
 
I think you've gotten some great advice here so far.
I'm curious - what are they telling you insofar as to why you haven't been paid?

Doesn't make a difference what they say in regards to what you should do... like I said I'm just curious what they're excuses are.
 
Well, the reason they're giving is because they're a new network...just over a year old. And they started off with some good gear, top-notch graphics and animations, etc., which I think is great! So, they still owe a lot of money, and the ad sales aren't going that great.

FYI, I have been on the phone with a few people from the company today, and they are going to pay half of what they owe, along with apologies :) Perhaps something to do with the fact that the other two TDs have run away.
 
That's a start.
Of course apologies don't pay the bills.
And by the way, you shouldn't care any more about their financial woes than your creditors care about yours.

Glad to hear it's starting to get sorted out.
 
Luis Caffesse said:
That's a start.
Of course apologies don't pay the bills.
And by the way, you shouldn't care any more about their financial woes than your creditors care about yours.

Glad to hear it's starting to get sorted out.
Click to expand...

It is just business after all. They would quickly find someone to fill your shoes if you didn't perform or were late or had personal issues that interfered with your work.

Conversely, you have the right to refuse to work for corporations who don't perform to industry SOPs, are insolvent or otherwise make the work something you'd rather avoid than suffer through.

e
 
Yeah, good comments, I mean honestly who cares what their financial situation is? Our company bought a lot of new equipment and has spent a lot of money for us to get going, but we still pay people who work for us and do so immediately upon completion of work.
 
I agree with Jonathan. This new network should've thought of the expenses that will occur. Your respondents are right. In my opinion, you have to make a decision because you have to take care of you.
 
It sucks but sometimes a freelancer has to pace a lobby asking incoming clientele if they are owed money as well. It ensures you'll never work there again but they have already assured that. Go get your money.
 
Mike McNeese said:
Since December I have been working for a regional sports network as a freelance Technical Director. All of the crew that I work with are all freelance, too. Problem is that the network isn't paying us! We are all paid up through maybe the middle of January. On average, I'd guess that each of us crew members are owed an average of $5000...and there's at least 20 of us. So, we're starting to get scared that the network is gonna go belly up, go bankrupt, and then we all get the shaft. So, is there any action I/we can take to protect our invoices to make sure we get something for the work we've done? I'm sure I could hire an attorney to look into it for me, but I can't afford it :)
Click to expand...


Never, never, ever, wait past 30 days before asking to be paid. If they still haven't paid after 60 days, call them EVERY DAY OF THE WEEK, email everyday, and definitely stop working for them. Get the name and phone number of ONE person who is either a line producer for the show(s) or someone in the accounts payable department and harass them until you get paid.
.
 
Last edited:
Yeah, that's good advice. I once wrote a freelance article for a company that I thought was amazing pay, because it was about 350 words long, a total cake article with almost no research (it was back in the day, how to know the sites you are shopping with are safe / reliable, etc.), and I got paid $75. It took me honestly 25 minutes to write that article and it was accepted with no changes. But it took me 5 months to get paid!! I had to keep e-mailing them again and again, and I swear I spent way more time trying to get paid than I did writing the article. I also remember they were really disorganized even before that. I had submitted 10 article ideas, and they told me all were rejected. I expected most to be rejected but it was a company looking for short "How To" articles and I just threw up whatever I knew at them. About a week later, they sent me back asking if I was working on this article. I said, uhh... no. You said everything was rejected. They came back with, "Oh, well actually that idea was accepted." It was really weird, I don't know how that one went down even, whether it was reconsidered or whether it was like telephone, someone told someone else what to write me and it got garbled. Anyway I did get paid in the end and it was still some of the easiest writing work I've ever done for pay. But you have to harass these guys, everyone else in the thread is right, it's like the saying "the squeaky wheel gets the grease." It's why babies cry when they're hungry or tired or whatever else, haha, they know what works ;) Crying is obnoxious, it creates tension, and that tension has to be dealt with to alleviate the annoyance. Therefore, be annoying and force them to cure the annoyance.
 
It's good to have a big hairy mean buddy. Amazing how well they collect as you keep workin.
Sometimes a simple sigh and a "well, I guess I'll just take those two computers." gets a brother a check pretty quick.
However you go about it, you wont get paid over the phone at this point. You will have to be face to face with the person who robbed you.
 
One of the "dirty tricks" MBA's learn is to promise Net 30 but deliver in Net 90. Most businesses are run this way. It extends cash flow a full fiscal quarter.

That's your best case scenario. Your worst case is what you need to prepare for...

...they could be going bankrupt. Companies know they'll be bankrupt about 3-6 months before it happens. It doesn't take a rocket science to look at a spread sheet and see when a company is going to run out of money.

When the executive of such a company know this is going to happen they protect themselves. They cash out everything they can as they run up to the bankruptcy and then shrug their shoulders as the employees and freelancers are left empty-handed. Its human nature...most humans are greedy and selfish. They protect themselves first, even at the expense of the people they have obligations to.

If they are months behind schedule from paying you it is time to get (politely) aggressive. Never adopt a rude tone, never get angry...but call every day, invoice by certified mail weekly and consider going to small claims court.
 
this has been my experience. The bigger the company, the slower the pay. They like to cololect intrest on your money.
I have very seldom been paid by my biggest client sooner then 3 months. It was only hard before the rotation began. Now, that's my lil nest egg, no matter what happens... I'll at least have 3 more months of checks comin in.
;)
 
You must log in or register to reply here.
Back
Top