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Failure to Pay
Thread poster: Andrew Slusher
Andrew Slusher
Andrew Slusher  Identity Verified
United States
Local time: 00:50
German to English
TOPIC STARTER
Resolved Feb 9, 2016

I wrote to the main boss, and the next day the payment came through. I did not make any threats, but just spelled out that I was frustrated by the lack of communication, and needed some sort of response. In the end, I cannot say whether it was this email that was the deciding factor that effected payment, or if it was simply the length of time that had passed for the agency to sort out whatever the issue was on their end.

At any rate, I have learned a lot now about: managing risk, w
... See more
I wrote to the main boss, and the next day the payment came through. I did not make any threats, but just spelled out that I was frustrated by the lack of communication, and needed some sort of response. In the end, I cannot say whether it was this email that was the deciding factor that effected payment, or if it was simply the length of time that had passed for the agency to sort out whatever the issue was on their end.

At any rate, I have learned a lot now about: managing risk, what measures to take at what stages, the Swiss law of commercial obligations (ha); and that I will probably need to maintain a part-time job, and have a lot of work to do before having both feet fully in translation as a stable career.

Thanks to everyone for their input.
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Sheila Wilson
Sheila Wilson  Identity Verified
Spain
Local time: 04:50
Member (2007)
English
+ ...
You aren't doing yourself any favours, you know Feb 9, 2016

Andrew Slusher wrote:
Their payment terms
their employment contract
their proposal for payment

From all these extracts, you can clearly see who is "the boss" and calling the tune. For some inexplicable reason, it isn't the supplier that presents the terms and conditions in this case; it's the "employer" or rather the client.
What gets me is the broader context, and the feeling of having been strung along
I did not specify anything in the invoice as far as due date goes, but assumed the terms of the employment contract, along with the pattern of our 12-month-long working relationship, were sufficient for my expectations.

Well, someone had to manage the relationship, and you certainly didn't. You've let them call the tune thus far, so I suppose you can only dance to it now. I suppose you are actually a freelancer, rather than an employee with an employment contract?

I'm sorry, and I don't mean to offend, but this is how problems inevitably start. YOU are the one who should be calling the shots, while obviously being prepared to negotiate where you can. Think of any B2B supplier/client relationship you know of and you'll see it just isn't done this way.


 
Andrew Slusher
Andrew Slusher  Identity Verified
United States
Local time: 00:50
German to English
TOPIC STARTER
agree Feb 9, 2016

Sheila Wilson wrote:

I'm sorry, and I don't mean to offend, but this is how problems inevitably start. YOU are the one who should be calling the shots, while obviously being prepared to negotiate where you can. Think of any B2B supplier/client relationship you know of and you'll see it just isn't done this way.


Sheila, you are completely right. I am not offended, as the truth is the truth. Working as a contractor/freelancer is no doubt just as much about business sense as it is about the work itself.


 
Lori Cirefice
Lori Cirefice  Identity Verified
France
Local time: 05:50
French to English
Template? Employment? Feb 9, 2016

Andrew Slusher wrote:


I only invoiced after part 2. Their payment terms are spelled out in their employment contract: they send a template in the first week of each month which contains all jobs for the previous month; I review, sign, upload and send back by Wednesday; payment comes by Friday. This had worked for 12 months so far.

They did send a template at the end of December, listing the job in question as "in progress." At the time I was still in the dark on their proposal for payment, so I never signed and sent it back, but called them instead. Several days later, it was made clear via email that payment would not be split for the job.

I suppose I do not have much of an argument now that the current invoice is technically overdue by very long. But in any case, no payment came last Friday, and they are not responding now. What gets me is the broader context, and the feeling of having been strung along. Do I have to wait 30 days from invoicing before it is officially considered overdue? I did not specify anything in the invoice as far as due date goes, but assumed the terms of the employment contract, along with the pattern of our 12-month-long working relationship, were sufficient for my expectations.



So, you finished the second part in January, and did the template for both parts at end January and were expecting payment last Friday? So it's 2 days past due?

If due date was not specified on this "template" (it sounds like you didn't issue your own invoice?) then the due date must be determined according to the contract you have.

Just to confirm what Sheila said so bluntly - your relationship with this client is indeed pretty unusual. Most freelancers invoice on their own terms and set their own due dates, this is usually negotiated at the beginning of a relationship with an agency. The word "employment" is the exact opposite of "freelance" in fact and has me wondering exactly what kind of contract you have with them.

Edit: your earlier posts have showed up now, so I see that the situation was resolved in the meantime!

[Edited at 2016-02-09 17:15 GMT]


 
cranium
cranium
French to English
+ ...
Invoice and advance payment Feb 10, 2016

I'm glad it ended ok. Two things come to mind, not mentioned by other posters. You can require partial advance payment, particularly if you know a single job will occupy you for the better part of a month. Also, you spoke of the invoice as coming from the company, but actually in a standard workflow you issue a quote and the client issues a purchase order before a job begins, then at delivery *you* send an invoice. In France, the required content for all these documents is stipulated by law - sa... See more
I'm glad it ended ok. Two things come to mind, not mentioned by other posters. You can require partial advance payment, particularly if you know a single job will occupy you for the better part of a month. Also, you spoke of the invoice as coming from the company, but actually in a standard workflow you issue a quote and the client issues a purchase order before a job begins, then at delivery *you* send an invoice. In France, the required content for all these documents is stipulated by law - same in Switzerland? Some suggestions that helped me with the business side of translation were attending info sessions at my local Chamber of Commerce and liberal professionals' association, and reading books like "The Entrepreneurial Linguist" and "The Prosperous Translator". I'm not affiliated with them in any way, just recommending two excellent reads to help develop business sense, as you put itCollapse


 
Andrea Garfield-Barkworth
Andrea Garfield-Barkworth  Identity Verified
Germany
Local time: 05:50
Member (2015)
German to English
@SBlack Feb 10, 2016

Andrea Garfield-Barkworth wrote:

I often have work in several sections but I usually issue an interim invoice between the different parts, which has always been honoured so far.



Actually I did mention this possiblity.

@Andrew

Glad it was resolved in the end. This thread was a little confusing owing to the time lag between you writing your replies and these showing up here.


 
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