Help! Company not paying me for days worked for them!

[psychocandy]

I just received this :

"Hi,

I’m a little disappointed that things have come to this but I’m going to attempt to explain the situation one last time. There are a few things that I need you to understand about freelancing in general but particularly with the [COMPANY NAME] so that you’re clear on our position on how it pays its suppliers and the people it works with.

You can only be paid for the work you have done irrespective of how long you were ‘with us’. Because you’re not employed by us, you should think of yourself as similar to being a supplier. An employee can be expected to be paid regardless of their activity but a supplier will only be paid for the work done / goods received. If it was the case you spent 13 days (let’s say 7 hours per day) doing work for us then we would pay that but we don’t believe this reflects your output.

As a freelancer, it is your responsibility to manage your time and resources to ensure you meet the commitments to the [COMPANY NAME]– anything you do outside of that is your prerogative. We did not ask you to work exclusively with us nor did we request you to be in the [COMPANY NAME] office every day.

The original PO was raised for 20 days to express commitment to pay you but as things didn’t work out you are not eligible and should not expect to be paid the 20 days. This PO does not form a contract or commitment to pay. The [COMPANY NAME] is within its rights to refuse to pay invoices should it not be satisfied with what was delivered.

The maximum I can approve for the work you have done is four days. Anything more than this and you are at risk of having the PO voided resulting in no payment at all.

Please let me know how you wish to proceed.

[Contact name]."

LOL. Like the threatening bit about take 4 days or get nothing. Nice try.

[psychocandy]

I think it boils down to a simple question:-

What does your contract say. If its a daily rate and requires you to be on site they are taking the mickey. Invoice for 13days clearly stating something like "Consultant on site" and start dunning process.


If it was 13 days with you sat at home waiting for them to email you work I don't think there is much you'll be able to do even though they are taking the mickey.

WHS. Difference if at home.

[GillsMan]

That email from the Client to the OP was outrageous. However, I wonder if the Client noted the OP initially asking for payment for the full 20 days, assumed he was a newbie (is he?) and then sent that snotty email.

OP has made clear now that he is asking for 13 days, which is the right amount, more or less. However, I note that the OP has agreed to negotiate with the client. Although he has put "without prejudice" I worry about the basis of his negotiation.

Client thinks there have been 4 days worth of output.
OP says he was with client for 13 days.
OP also says that he probably only worked for 9 days.

I do hope that the OP's counter offer to the client was for 9 days on the basis that they were the days when actual work was done, rather than some made up number of days.

Also, fair play to the OP. If I received an email like that from a client, there is no way I'd be negotiating with them!

[PazzoRilancio]

Just got an email back - They are refusing to consider any settlement and said:
"As mentioned I’m not negotiating with you on the number of days. I am not able to guarantee payment within the next seven days. I need to know if you are going to accept the four days or not. If not, this will have to be escalated and you are at risk of having the PO cancelled."

Wow - This is ugly

[GillsMan]

Just got an email back - They are refusing to consider any settlement and said:
"As mentioned I’m not negotiating with you on the number of days. I am not able to guarantee payment within the next seven days. I need to know if you are going to accept the four days or not. If not, this will have to be escalated and you are at risk of having the PO cancelled."

Wow - This is ugly

Submit a new invoice for 9 days (if that's what you're prepared to settle for now). Explain that you have reduced this from the 13 days of worth that they agree you have done. Reiterate that you can't accept payment for 4 days only and ask the div to escalate to someone with more authority.

[Safe Collections]

Just got an email back - They are refusing to consider any settlement and said:
"As mentioned I’m not negotiating with you on the number of days. I am not able to guarantee payment within the next seven days. I need to know if you are going to accept the four days or not. If not, this will have to be escalated and you are at risk of having the PO cancelled."

Wow - This is ugly

It is indeed ugly.

We would wager that whoever the author is of that email is also the person who dropped the ball and they are hoping the threat of no money will make you back down. At this point they have already admitted four days is due so they can't now backtrack on that.

At this point escalation (whatever that means) may be no bad thing as it might bring a fresh pair of eyes to the situation. But conversely they may try to continue to fob you off.

Your choices are now, accept the four days or tell them you are not prepared to accept and advise them to escalate it as you will be taking legal advice.

[KentPhilip]

Go here, and issue court papers to them for the 13 days:

https://www.moneyclaim.gov.uk/web/mcol/welcome

I don't see why you should compromise on the amount of pay.
You were taken on on a day rate, and you were onsite for those days. You did the work they asked you to do, and were available to work every second that you weren't doing it.

Sue them.

[Dominic Connor]

Journalists

Thanks guys.
Once this is settled I'll reveal who (and may be in touch with journalists).

I'm all ears, stuff like this requires that I get this "proof" thing that seems so popular nowadays. But I ought to be able to use this in The Register as I'd like to a do a "contractor horror story" piece.

For the avoidance of doubt I have no problem at all ringing their media relations people to confirm their side of the story. Firstly I have to do it so I look vaguely professional and second, it's the sort of thing that PR people are paid to handle and I'd expect a PR pro to get on the phone to whoever shafted you to "understand how we found ourselves in this challenging situation".

If it were to be the BBC, you cannot even begin to imagine the joy involved in the creation of such an article, I just wish it were Virgin.

As I may have mentioned my dear wife is a scary lawyer and a *good* solicitor's letter may well be worth getting.

Unless you're some sort of exotic superstar the cost for them to defend the case will be far more than what they could possibly owe you. A letter will show you're up for the fight.

Be also clear that within the large firm this will dirty the hands of everyone involved and that the worst thing ever in your career is if you embarrass the firm.


I have form in this area.

A few years back we had a cluster**** on a career damaging scale and I was away and not able to piss on the fire, I rang a contractor mate and said in effect "go kill this, we'll sort out money after" and told my team to just do what he said to do. He delivered and was paid, I personally ensured that was as swift and lucrative as I could deliver.

As it happens the problem was of itself trivial, someone (possibly me) had left a diagnostic on which logged to a disk and messed things up when months later when it filled up the disk. Once diagnosed, the fix was easy, his "work" was literally to tick an option in a window. Of course what I was paying for was for him to find which bloody tick box and to keep my job.

Most people who've run any IT more complex than replacing a dead keyboard have had something like that and we need contractors who can be parachuted in and be trusted to deliver and who trust to be paid even when there's no time to sort out a contract.

Later one of our servers literally exploded, the permie concerned claimed it wasn't his fault, but whatever he did somehow released the energy stored in a UPS across one server and frying another. The contractors were there before the smoke cleared and worked through the weekend and on Monday it was as if nothing had happened, you can't buy loyalty, but you can piss it away.

But a verbal contract is a contract, yes there are issues on proof, but regardless of the legalities these jerks have made it harder for every bloody IT manager in the country because CUK members will see it and think twice about taking such a deal.

[GB9]

- Is the PO for a number of days over a period of time but only as and when they specify which days they want you to work
- If so, have they specified that you work or be available for each of the days you have invoiced for in advance of doing the work
- Do you have evidence to back you up

If yes to the above, then time to go in really hard, by which I mean state that you regret they are unable to compromise and as such, if you do not receive payment for the full amount within the payment date, you will have no other option but to commence legal action for recovery of the full amount plus all legal and court fees, fixed amount for non-payment of commercial debt, and interest at 8% over base rate.


If that doesn't work then time to follow the legal route.

[Old Greg]

This looks to me like one of the clearest examples we have seen where court action is called for. Agree with others. Don't debate. Final demand etc. etc. then court.