by Rachel Smith
20 September 2017
I recently completed a month of freelance subbing on a lifestyle mag, working 12- to 16-hour shifts during deadline. (There was no written contract of any sort, it was just a casual verbal arrangement.) When the gig was over, my former employer took forever to pay the several thousand dollars he owes me. I kept getting the old ‘It’ll be paid at the end of the week’ or ‘It’s being dealt with now by the accounting department’ b/s routine. Finally, he paid because I think putting up with my two nagging emails a day was annoying for him (never underestimate the power of nagging!).
I suppose it’s a case of the squeaky wheel getting the grease, although no wheel should have to squeak that long or loud before being attended to. And sadly, if the situations of former colleagues are anything to go by, my ex-employer’s behaviour seems to presage a gloomy and unstable future for sub-editors generally. Unfortunately, there are so many subs out of work, that “editors” (again, I use the term loosely) know they can constantly screw them over because desperate people will put up with all manner of crap to pay the mortgage. So my question really is what legal/effective recourse do I have in the future if an editor or client won’t pay? Anon
Sorry you had to deal with that, Anon. There’s nothing worse than putting the work in and then having to badger the editor (or client) repeatedly to get paid. Sadly, it seems to be a common theme for many freelancers these days. Although we hope this doesn’t happen again to you, if it does here are some options you could try:
If you’re an MEAA member (or even if you’re not), give them a buzz and let them know the situation. Their legal team can go into bat for you to try and help you get paid, or they may have some advice on strategies you can try.
If there is one – if not, don’t let up on contacting your client and asking for payment. You should set a payment date and ask verbally and on email when the invoice will be paid. You should also ensure you make your account details very clear on the invoice and in the email so you make it simple for them to pay.
It has templates you can send, and advice on how to recover monies by setting up payment arrangements and so forth. The website also has a lot of info (we love this blog post on the top three things to say when chasing outstanding payments) and if all else fails, you can also engage them to debt collect for you.
Write a letter of demand.
Here’s a sample of what to say in it.
Some say this is often enough to put a rocket up the bum of your non-payer, as they’ll know you’re serious once they get a phone call or letter from a lawyer. It may cost you several hundred dollars for the lawyer’s time, but if you’re owed thousands, it’s probably well worth it.
Suing a client or company for non-payment is obviously not a quick or even guaranteed way to get paid, and fees differ depending on where you are in Australia. Generally, the amount you can recover is between $3000 and $10,000. Search for ‘Small Claims Court’ in your State to find out more about the process, fees required and whether you can represent yourself or need a lawyer.
Now, I’ve worked as a sub and I KNOW you will have Buckley’s chance of getting an editor or publishing house to pay you prior to doing a stint of freelance subbing, but for freelancers reading who may do more client work, it’s a great idea to demand a 25-50 percent down-payment as part of your terms and conditions, especially if it’s a large project, and stipulate when part payments will be required during the project’s progression. If a client balks at paying a deposit, that’s a red flag and you might want to consider whether you want to do business with that person.
Freelancers – we’d love to hear your thoughts on this. How do you recover outstanding payments? Have you ever sued an employer for non-payment? Do you charge up-front deposits on projects?
When one regular client was once eight months late with payments – and no amount of letters of demands, phone calls and assistance from the MEAA helped – I arrived one morning and set up an office in their reception and informed them I would be working in their space until they paid me. When the MEAA called the accounts team and told them I had their full support, an hour later the accounts guy walked out with a cheque for the full amount. It was indeed a drastic move, but I was desperate for a sizeable amount of money. Oh, and I never worked for them again and made sure any client I did work for treated their freelancers with respect.
THAT IS GOLD. I vote for more of us setting up offices in the lobby of late payers. Ha!
In defence of some slow paying editors – I have worked for big media companies who have absolutely shambolic account departments. I’ve lost count of the amount of times we’ve had to escalate matters to get very basic invoices paid. So when some editors say they’re trying to get it done, they may be telling the truth and are just as frustrated as you!
Me too Mel – that is true that often the editor is just at the mercy of a crappy accounts dept!
Help! I am a freelance writer who just wrote copy for a new website. The client has advised he isn’t happy with my content and not responding to my emails asking for more information and offering to update it. He is the middle man to the original client and has not paid my final invoice although he now has my content. The website isn’t live yet but when it does go live and it does have the copy I wrote on it, what are my options? Do I send a letter of demand now? Invoice is only 2 days overdue (sent it 9 days ago) but no response to my emails.
That sucks Nay. And this is why it’s really important to have a watertight contract in place that the client signs before you start work. But in this case, if he’s not responding to emails I would definitely consider sending a letter of demand and if that doesn’t work I would contact a lawyer. Good luck getting paid!