all 103 comments

[–]Chronoraven 116 points117 points ago

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There was no legal contract stating you were at fault if the job on their end fell through, therefore, you cannot be held liable as such. You were contacted to create graphical assets for them to use. You completed your task and they failed to communicate their needs until it was too late. He's likely making all of this up so that he can scare you into charging nothing for your work. As a precaution, make sure you gather up all of your communications and emails with this guy and let him know that your job as a designer is just that; to design. You are not their chief marketing director. It is not your job to see through the success of a project.

tl;dr He's scaring you with large sums of money and legal threats to get you to give him your work for free. Do not back down, gather your information, and make sure he pays for the work you've done.

[–]misnamed 48 points49 points ago

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I would just add/supplement:

The client received the indesign file and described it as horribly put together and claims they had to redo it all. The one job we needed you for you didn't complete and we ended up losing the project. I delivered the half-complete indesign file to my client as a show of good faith.

tl;dr They made the choice to send a half-finished file, lost their client - not your fault they sent the file.

[–]Zepheus 59 points60 points ago

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I want to know why they're sending InDesign files to their clients at all.

[–]misnamed 15 points16 points ago

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Good question - didn't even think of that. Why InDesign, let alone half-finished InDesign. If I were a client, I wouldn't see that as a sign of 'good faith' but of 'this firm doesn't realize I can't open this file, and that when I finally did, all I saw was a half-finished project their lead guy sent us'.

[–]skylark13 11 points12 points ago

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We have clients at my firm that own indesign. That way we design templates for them and they can input their own content. Handy when they're constantly updating things and they know we don't have the capacity for them to call us up and have us do a job same day turn around all the time. We've even had ones that decide to do the templates thing, purchase indesign and pay us to train their employees on how to use it.

[–]brerrabbit 4 points5 points ago

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this sounds like a subcontracting situation...ie a gravytrain.

[–]skepticalbutcurious 0 points1 point ago

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If the client needed to send the files to a printer or for an internal designer to pickup for another project, it wouldn't be unusual to to send inDesign

[–]Chronoraven 21 points22 points ago

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Yep, that mistake is on them. I would also like to stress that good faith does not exist in the design world.

Half payment up front, send small preview files, refine the work, complete final payment, send large files.

If at any point your final files are sent before you've been paid, they've got you by the balls.

[–]misnamed 16 points17 points ago

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As someone who has hired designers, I have to say I really prefer this setup as well. As the hiring party, I accept I have to put some funds forward before I see work, yet half funds leaves enough in both hands for me to have some leverage to get it right, and the designer to have some leverage to say when enough is enough. Works smashingly.

[–]Chronoraven 2 points3 points ago

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Precisely. Win win.

[–]jessicatronGraphic Designer, Illustrator 2 points3 points ago

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Exactly. Both parties have invested time and money into the project.

[–]poorfreelancer[S] 20 points21 points ago

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I responded to this email with the fact that I have contacted legal representation and am willing to go to court. I then attached the invoice again. He responded with "Haha. Right."

[–]Chronoraven 6 points7 points ago

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Have you contacted legal representation?

[–][deleted] ago

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[deleted]

[–]Chronoraven 0 points1 point ago

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Really? A lowercase 'how' with a double question mark on the wrong reply thread? You really are clueless. I hope this entire scenario is a learning experience to you. Firstly, stop doing work for people without contracts. Secondly, if you're being hired by someone to do work for them, BE ON TIME. It is not that difficult. Thirdly, when you fail to complete a task in an allotted amount of time that you agreed upon, do not cry wolf to Reddit for karma. Solve the problem like an adult, not a 13 year old. I have no sympathy for you.

[–]Jeffudesigner & illustrator 49 points50 points ago

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Don't ever work without a contract. Red flags came up just a few sentences in when I read this.

I'd really just chalk it up as a bad experience and move on... in a way you're fortunate this only wasted two days or so of your life and hopefully taught you a valuable lesson. He can't do anything to you so I wouldn't worry about that.

[–]Tonamel 25 points26 points ago

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I just want to reiterate this:

DON'T EVER WORK WITHOUT A CONTRACT.

[–]shif 8 points9 points ago

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i thought it was a link, i am dissapointed

[–]poorfreelancer[S] 2 points3 points ago

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Got it. Lesson learned.

[–]Chronoraven 30 points31 points ago

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I work without contracts all the time. I just don't hand over any assets until I've got the complete payment. Half up front, and half when I'm finished; then you get your big ol' files.

P.S. Watermark ALL THE THINGS

[–]Jeffudesigner & illustrator 10 points11 points ago

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Deposits are good too :) I do the same. However watermarks won't help you at all if they've seen it regardless...nothing stopping them getting someone to recreate it for cheap. Ideas are much harder to lock down.

Granted, asking for a deposit has probably saved me a lot of grief alone so that has never happened to me, so maybe it is just me being paranoid. :P

edit: Also, in addition to my response to Chronoraven's comment:

The contract serves also to outline in writing how the working process of the project will go. How many revisions, rights given, etc. It is more than just a piece of paper that says you will get paid x amount. You're just as likely to be burned if you don't understand this.

[–]jessicatronGraphic Designer, Illustrator 1 point2 points ago

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I agree that someone could just steal your idea, but I think the deposit tends to show that people are serious and lock them into your project more. Sure, if they're a piece of shit and they know you won't take them to court, and the deposit + paying someone else to execute your idea is cheaper than just paying you for the work- yeah, some people will do that. That's why I only ever do this with people I've worked with in the past and have been great clients. I suppose one day I could also get burned, but at least I'd have gotten my deposit.

[–]Jeffudesigner & illustrator 1 point2 points ago

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Of course, it's best to not blindly contract and who works with you if you have a very good history with them. It's just a good rule of thumb.

For what it's worth, I haven't been burned yet either and I doubt I will anytime soon.

[–]Exi7wound 1 point2 points ago

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That's great advice. I never considered watermarking. Thanks for that.

[–]flaccid_cashew 0 points1 point ago

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How does one go about drawing up a contract for freelance graphic design? My freelance endeavors of the past have always lacked the protection of a contract, and I've been meaning to make one. Is there a template or something I can use, or do I have to make my own? And how can the client be bound to follow the contract? Not sure how any of that works.

[–]Jeffudesigner & illustrator 2 points3 points ago

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Easy.

Google it. The answers are out there, you just have to find them.

I went from being fresh out of school to freelancing regularly properly, largely in part from just googling a lot and asking those who had more experience. That said, the people I asked were more for general advice so it was still up for me to find my own answers.

You can probably find some free to use contract templates, or just find a bunch to study in order to write your own.

As for being bound to follow it, you can't exactly force them. It's just good to have for things like "well, you didn't pay the remainder of the invoice, so if you decide to use my work anyway that would be illegal and I would have grounds for legal action" or "as it says in my contract, this is over the two agreed upon revisions so I will have to charge for the extra work".

You also protect yourself by claiming indemnity among other things, in case somehow the client runs into financial difficulties and tries to blame it on you (for some bizarre reason). This basically absolves you from any responsibility in the event such a thing happens.

A good rule of thumb is to get things in writing. E-mail agreements can be considered legally binding, so I am always careful to send invoices from my personal e-mail in order to get a timestamp of sorts, and to ask and receive answers to important answers.

Hope this helps.

[–]scottb84 46 points47 points ago

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Dear [Dude’s name],

Re: Invoice [number of invoice], outstanding balance

I am in receipt of your correspondence dated [date of email] indicating that you are unable or unwilling to pay the balance owing on invoice [number of invoice], dated [date of invoice].

All work done in connection with this invoice was completed per the instructions communicated to me. That the underlying project was unsuccessful, while unfortunate, does not affect your obligation to compensate me for work completed.

I ask that you pay the outstanding balance as soon as possible, but no later than [2 weeks from date of this letter]. If payment is not received, legal action may be taken against you without further notice.

Govern yourself accordingly,

[Your name]

[–]flyingnomad 13 points14 points ago

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Spot on. OP, take note, this is written well because it deals with facts, not emotions, gets to the heart of the issue directly, and is expressed professionally. If it ends up in court the judge will look favourably on such communication.

[–]moyno85Integrated Art Director 39 points40 points ago

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To be fair, it does sound like you dicked them around a bit.

[–]gifappel 17 points18 points ago

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Firstly, get a contract together. First because it protects you and your client in situations like these, secondly it communicates that you're a serious professional and people who aren't willing to sign a contract are probably not worth working with.

http://vimeo.com/22053820

Secondly it sounds like this guy is a douche who pulls shit like this on a regular basis to fuck over naive designers, it's only two days so maybe you wanna write this one off to experience. Pointing out the logical fallacies in this guys arguments probably won't do much since I'm sure he's well aware of them himself, he is just a dishonest fuck.

And remember, just in case you are the vengeful type, revenge is a dish best served cold.

[–]poorfreelancer[S] 4 points5 points ago

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is small claims court a viable solution at all?

[–]FlippyWippy 12 points13 points ago

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Its probably not worth your time or money. Work with a contract, always.

[–]thetinguy 4 points5 points ago

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Yes.

[–]ericfromtx 2 points3 points ago

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It depends what state you're in, a lot of states will not truly enforce the amount owed by a judgement.

If you're in college your best bet would be to see if there is a 'Student Legal Services.' They're essentially attorneys that work for the school that you don't have to pay that will help students in legal situations so long as the case is not with another student, school police, or anything school related.

[–]krucz36 2 points3 points ago

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In 20 years of design work, my company has found small claims court to be at best a crapshoot.

[–]QuietK 0 points1 point ago

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Great video thanks for sharing that.

[–]pixelbath 0 points1 point ago

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Ha, I was wondering if this was "Fuck You, Pay Me." Despite the off-putting title, this is quite an informative video. I can't recommend it enough to designers.

[–]kcolttam -1 points0 points ago

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Checked the comments to make sure this video was posted. Good job! :)

[–]jaymeekae 18 points19 points ago

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You can't use istockphoto files in logos.

[–]black_obelisk 7 points8 points ago

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This is what upset me the most about this story.

[–]poorfreelancer[S] 1 point2 points ago

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He told me to. I chose one I thought went really well with what the client wanted, and turned out out of the 10-15 he chose, the one I chose and cobbled up was the one the client loved.

[–]Gorgoz 1 point2 points ago

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Can you murder someone for me? I'm telling you to.

[–]chickenclaw 15 points16 points ago

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You're not a professional until you've been screwed over once.

[–]gwhooligan 2 points3 points ago

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x12.

It's the only way you develop radar for clients to whom you immediately say, no, I'm sorry but I can't take this contract at this time. Here's the names of 2 or 3 other freelance designers I know who would be able to take care of your needs while I continue to not lose money and sanity on trying to work with you.

[–]krucz36 5 points6 points ago

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too totally true. you have to know when to fire a client. I had one freelance job come up while I was working my (current) full-time day job at an agency, and repeatedly told the guys 1) I can only work in the evenings. I can't even take phone calls or answer emails on company time. and 2) I get paid for invoiced work on the 15th, every month, no matter what (It was a continuous stream of small banners and animated ads (inorite) and a pain in the ass to invoice, so I decided to do it monthly, with invoices weekly). Five weeks later i'd been pestered constantly during office hours by the two guys running the gig, they were completely out of sync with their clients, and I had yet to get a check. So I politely did what gwhooligan suggested, and (with warnings) pawned them off on a freelancer I knew, who literally fired them two days later for not abiding by the much, much simpler terms he'd offered, basically they showed up at his house (!). That was five weeks of hell that I could have saved if I'd been a little more aware.

[–]krucz36 2 points3 points ago

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I did get paid for about 30% of what they owed me, several months later, to be fair.

o_o

[–]3Dartwork 30 points31 points ago

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No company can ever sue you if the project is lost because their client decided they didn't want your work if there is no contract. Period. However, there is absolutely no excuse being 90 minutes late to work on a two day project when you're being paid $22/hr. That's very unprofessional. Not sure why he paid you $22/hr but offered $11/hr full time job. That sounds fishy, sorry.

On every job I have ever done freelance, I always ALWAYS make sure the client is satisfied in every way before I consider my project done. I may only have 2 days to work on it, but if there is something the client is really disappointed about, I do what I can to fix it (even if it's at my expense....designing isn't costing you actual money, so you're not at a loss).

If they were considering a temp-to-hire I would have bent over BACKWARDS to make everyone happy before (and showing up late is not going to cut it - I have a pet peeve of that).

TL;DR You didn't seem to show professionalism very well here, but he can't sue you at all because there was no written contract stating you would owe if the project failed. No company does that.

[–]misnamed 6 points7 points ago

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If I had to guess, the assholes at the office, being pissed about the lateness, etc... crafted this little gem of a letter not out of any standard practice nor expectation of payment but with full knowledge it was meant to be 'funny' internally and 'scary' externally.

[–]3Dartwork 6 points7 points ago

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Yeah, hopefully the kid learns his lesson here and becomes a better freelancer. From the OP's post, it seemed like he sort of half assed everything instead of trying to make himself shine in order to get the job. But if I was offered $11/hr for the full time after busting my butt to get it, I would have been pretty insulted. I could make more working at a department store at the mall.

[–]misnamed 0 points1 point ago

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Yeah, and there is a missing element too: how much did he try to bill them for his work in the invoice? My guess is that that amount may have set off the harsh response (note: the harsh response is still utterly absurd tripe and they should roast in court for it, but I suspect something, at least, got them that riled up).

But yeah, in turn, the 11/hour ... really? Design's more fun that retail, though, so it would really depend on the job for me - super exciting, cutting-edge stuff with huge exposure? Maybe. Crappy low-end corporate logo work? Hell no.

[–]poorfreelancer[S] 0 points1 point ago

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I sent him a standard freelance art director rate of $25 an hour, which is a lowball in of itself.

[–]SirDerpingtonThe3rd 7 points8 points ago

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Any freelance work shouldn't be done for less than $50/hour (for work, not meetings, etc), no matter what the discipline, unless it's a long term thing like 3 months+

You have to account for insurance, time spent acquiring work, etc.

That said, total shady job, I personally would just walk away and report him to any labor-related organizations you can think of. The time spent getting your nickels will far exceed the value of what he owes you. I know the inclination is to "teach him a lesson", but the best you can do is warn others, I've known others in similar situations and both parties basically went broke with lawyer fees and the judge basically threw away all charges so neither side walked away with anything.

[–]poorfreelancer[S] 0 points1 point ago

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There was never a talk of payment at all during those two days. The rate was never guaranteed. He simply asked me to come into the office to do some work for them, and I did out of good faith--thinking that I''m being segwayed into working for the company full time.

The offer of $11 an hour came after Thurs and Fri, when he offered me the position of creative director for that rate. I haven't been paid for anything so when I refused his offer, he said to send an invoice and he'd get it paid. I did send it, and the above is what he responded with.

[–]MattRix 16 points17 points ago

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$11/hour creative director wut.

[–]skylark13 13 points14 points ago

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Why would you not talk about money? That's ridiculous. If you didn't get a guarantee on payment via contract, you're kind of screwed on that end. As far as liability, again: you never signed a contract with them stating that you would have to pay for money lost to the company as a result of your work. They cannot hold you liable. And the company sounds like it does not have its shit together from everything you've posted on here.

[–]jessicatronGraphic Designer, Illustrator 3 points4 points ago

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Also, they don't know the difference between "you're" and "your". Business spelling!

[–]frankle 6 points7 points ago

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I think your best bet is to sit down with a pencil, some paper, and this thread, and try to list out all of the things you did wrong. There's a lot of good advice in this thread, and if you heed it in the future, you'll never have this problem again.

It's totally wrong of him not to pay you, but after reading about how you handled the whole situation, I don't find it surprising at all. This is one of the most important lessons of design and other types of freelance work, and the earlier you learn it, the better.

Go watch the video that gifappel posted, if you haven't already.

http://vimeo.com/22053820

[–]jm3281 1 point2 points ago

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This is great advice. You will add more value to your future endeavors by figuring out what went wrong, and correcting your mistakes.

[–]3Dartwork 5 points6 points ago

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$11/hr for a Creative Director position is highway robbery. That is an insult.

[–]energythief 4 points5 points ago

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No, it's just a trumped-up job title to impress some inexperienced designer into taking it. Somebody will use it to build his/her resume though.

[–]3Dartwork 0 points1 point ago

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It's a crappy deal with a shady company when they do crap like that. That's a managerial job with 5-8 years experience typically. Pretty sad when they screw over young designers.

[–]vacax 6 points7 points ago

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It's a tier above sandwich artist

[–]fowleryo 13 points14 points ago

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A couple things. It sounds like you did a terrible job, based on what he's saying. But it also sounds like they're trying to scare you into not collecting what you're owed.

You need a contract in the future. You also need to better your work ethic. Showing up late on an agreed upon time is fucking lame. Doing shotty work is lamer.

If I were you, I'd move on. $350 isn't worth all the stress, imo.

[–]poorfreelancer[S] 0 points1 point ago

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The story is that I did what I could with the InDesign file, trying to figure out what was needed from me. I was told it'd be just a template for the client to use. At the end of the day, I reviewed the indesign file with him and he looked at it and said there might be changes. That was the last amount of feedback I got from him before the email telling me how much the project cost and apparently how horrible it was.

The only time I showed up late was on the second day, and it was due to car trouble. I mentioned this when I came into the office.

[–]frankle 6 points7 points ago

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If you are going to be late for something, professional or personal, call ahead and inform the other party. It's just a classy thing to do.

Otherwise, they're left there wondering if you're even going to show up at all. In essence you're wasting their time, making them wait for you.

[–]fowleryo 1 point2 points ago

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Agreed. In the end, the person that hires you still has deadlines to meet. It doesn't matter what the excuse is, you're still late and that's preventing them from delivering work when they're supposed to.

I've hired some people in the past that have been total flakes. There's no way I could tell my client that I delivered something late because the person I brought in couldn't hack it. I had to suck it up and take responsibility.

[–]fowleryo 1 point2 points ago

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Ah, understandable. Like I said, chalk it up to a shitty experience and move on. These things happen when you're starting out.

[–]jm3281 0 points1 point ago

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Learn from this. Gather specific requirements in your projects. What you have gathered requirements and lay them out in your project proposal. Also if a client is requesting you do shoddy work like use I stock photos then use your knowledge and experience and advise your client against it. Because you are the professional in this situation you are the authority.

[–]mxlnt 5 points6 points ago

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DUDE. Always, ALWAYS get it in writing and with signatures. Rookie mistake. By the way, you don't owe them shit!

[–][deleted] 30 points31 points ago

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Get a lawyer.

[–]TomDiddle 7 points8 points ago

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Hit the gym.

[–]zilduar 8 points9 points ago

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Delete Facebook.

[–]skinniegenes 6 points7 points ago

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Wear your seatbelt.

[–]manosrellim 6 points7 points ago

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Cardio.

[–]acdenh 6 points7 points ago

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[–][deleted] 5 points6 points ago

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And don't even think about running anywhere near that with scissors.

[–]garrettj 3 points4 points ago

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AND MY AXE.

[–]ChemicallyCastrated 7 points8 points ago

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I'm curious to see the work you did.

[–]crashsite54 2 points3 points ago

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Haha this is funny. If nothing was signed (official or even back of napkin) then you can expect to never get paid. But no way you can be held liable for anything that went wrong. Even if he goes to his lawyer (which he is not going to do) he has nothing on you. Please do a follow up.

[–]krucz36 0 points1 point ago

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Yeah, it'll cost him more than what he'd ever, ever have a chance to recover, unless he's got a friend who's a judge or lawyer. and the indication that you're somehow liable for them losing the business is laughable on its face.

[–]WestonP 2 points3 points ago

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Guy is a scumbag, file suit in small claims court against him. The judge will be far more reasonable.

[–]thetinguy 6 points7 points ago

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Sue him. Take him to small claims. Judges there are reasonable, so you should be OK.

[–]misnamed 5 points6 points ago

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Agree with this. They are going to take one look at the idea that these guys are trying to bill you for losses and toss you a (small) victory.

[–]cdjcon 0 points1 point ago

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a small, difficult to collect, victory ... move on. Lesson learned.

[–]MenuBar 2 points3 points ago

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The comments here are all good advice, but a professional artist reads between the lines. This "COMPNAY" is actually requesting further services from you...

When they mention "lawyers" it simply means "My gasoline isn't sweet enough" so you may want to stop by around 11 am and add some sugar. One large bag should suffice.

I hope you were a good enough employee those 2 days to obtain a short list of their clientele. Get good and plastered this weekend and visit as many as you can early monday morning and explain to them how working with COMPNAY makes their day more interesting. Vomiting should be charged on your invoice at one and a half times your rate per puddle.

Also, you know where they live, right? Do they enjoy seeing their children alive? If they do, you can effectively use this fact as leverage in your negotiations. If such negotiations prove lengthy, remember, there are 10 fingertips per child and postage should be factored in.

These are just a few tips us professionals learn as time goes on. I hope this helps you enjoy a long and rewarding career cursing bitterly at an emotionless computer monitor.

[–]SirDerpingtonThe3rd 0 points1 point ago

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Sugar in the gas tank doesn't actually work.

-the sugar settles on the bottom of the tank

-even if it does make it up, the filter will stop it.

[–]poorfreelancer[S] 0 points1 point ago

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lol thank you for the countless smirks you gave me via this post. I've been extremely blah at my own naiveté and the current state of how designers are treated.

[–]krucz36 0 points1 point ago

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There's no worse job in design that the freelance artist.

[–]smokinjoints 5 points6 points ago

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Sorry. No advice. Just wanted to wish you the best of luck, that guy sounds like a dick.

[–]_SOKK_ 1 point2 points ago

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I'll echo what everyone else is saying. Take him to small claims court. Bill him for the hours that you worked (minus your tardiness). You being late the second day has no bearing if he allowed you to continue working when you showed up. You're due what you worked for.

[–]poorfreelancer[S] 0 points1 point ago

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The invoice I sent subtracted the hours I was late--the invoice only reflected the exact hours I was in the office, nothing more.

[–]mistergookeyGraphic Designer 1 point2 points ago

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Just out of curiosity, why were you an hour and a half late on one of the days?

[–]poorfreelancer[S] -1 points0 points ago

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The second day I was late due to car problems. The whole thing was really informal, where he just asked me to stop by the office. There was no contractual obligation on my part whatsoever.

[–]mistergookeyGraphic Designer 0 points1 point ago

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Fair enough, if it was a mainly informal kind of arrangement then that's not so bad. In the future definitely try to use a contract, it'll stop things like this happening. If you ever get a client that is scared away by the contract or hesitant to sign it once they understand it, that's not the kind of client you want to be working with.

[–]RodrigoBravo -1 points0 points ago

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lawyer up!

[–]jessicatronGraphic Designer, Illustrator 0 points1 point ago

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I hate to be this guy- but this is why you have contracts. Above that, this is why you don't hand work to people until they pay you. I realize that withholding work until you're paid isn't always realistic- but I still always do it.

This guy is using ridiculous math. The client was his, it was his job to find a freelancer to get the work done for the project that he lost. If you couldn't do it, it was his job to find someone who could (within the deadline). You do NOT owe them money for a lost client- that's rubbish.

Also, as a freelancer- you absolutely do not have to use your own stock photography.That's also rubbish.

This company is either straight-up lying on purpose to try to bully you, or they have no fucking clue what they're talking about. Either way, you don't owe them shit, but they owe YOU your fees. Unfortunately, you didn't get a contract AND your fee is so small right now that is it really worth going to court over? This is a hard knocks lesson in "why you need to always cover your ass". I cover mine double: contract + client doesn't get work until I get paid (unless I'm working with a repeat wonderful client- but the minute one of them makes me regret not getting a contract with them for small jobs- this rule will change).

[–]poorfreelancer[S] 0 points1 point ago

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I have an earlier email from him, after I declined the offer of working for $11 an hour, that he would pay the invoice. Granted, we didn't come to a mutual agreement as to what the rate was per hour, but he did mention in writing (so to speak) that the invoice would be paid, before sending the response to my invoice. Although not a contract, does that have any bearing?

[–]jessicatronGraphic Designer, Illustrator 1 point2 points ago

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I'm not sure, honestly. I would think it does have some bearing, but I would also think you're going to be hurting without an official contract. I'm no lawyer, though, so I cling to contracts like nobody's business. I'm sure a lawyer could tell you (ahem, lawyers out there?) if a loose, in-writing agreement to pay a nebulous fee is binding in any way.

[–]cartooncorpse -3 points-2 points ago

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You're a dumbass, and you do not have the resources to win without destroying yourself. That is the current popular trend.

[–]pyxlated -1 points0 points ago

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This is why you always use a contract. On the other hand, it also means they don't have any legal ground to stand on.

[–]waynethetreemayne -1 points0 points ago

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My advice: LLC.

[–]GiantPineapple -1 points0 points ago

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Your ability to make threats here is based on how small claims court works where you are. As a prose claimant, you may be able to create a big headache for him without doing very much work yourself. If that's the case, ignore his BS, press hard to be paid, and get your complaint drafted up so that it's ready to go on short notice - courts take a long time to process stuff. If it's not easy to litigate where you are, an asshole like this is going to know it, and you won't get very far. Chalk it up as a learning experience.

I would say that the value of a contract is very much defined by the cost of enforcing it in your local courts. Not only would I not work without a contract, I would take a deposit up front, and never let your client get 'ahead' of you (ie - have more services delivered than money paid), unless they're old, known-good clients.

[–]chkris -1 points0 points ago

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You're gonna win this one!
The cards are stacked against him and he knows it.
And the good news is, you only need one.
1) He makes it sound like he doesn't need to pay you because they didn't get the project. Win !!
2) He gives you work and then after the work is done, he wants to negotiate your pay. LOL
Unless of course you agreed to talk about your rate for this project after a few days. If he has that in writing, then you're probably F'd
3) $ 25 ? And he's complaining ? Wut ?
The second you walk into the courtroom you will have the judge on your side.
$ 11 ... wtf ?

Your lawyer is going to have a field day with this one!
I've been there. Don't feel insecure.
You don't want to work for that guy ever again. And stop sending him emails and stop talking to him.
Keep your mouth shut and let your lawyer do the talking from now on.
That being said, the small claims court is what you want.

[–]jarydf -2 points-1 points ago

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I would move on. Don't waste time chasing $350 you will never get. You said you had lots of work on so get to it. Guys like this will be a fairly regular occurrence in your professional life, get better at spotting them. You can try to get him back but just know he will be enjoying the fight, watching you get riled up and getting pleasure out of feeling like a big tough guy. If you take it to court and win he will brush it off as a dodgy judge etc and never think he did anything wrong. You will not be teaching him a lesson, his brain does not work like that. Maybe warn off friends and acquaintances etc but that is about it that is useful.

Addition: Also we always quote a job or get an agreed budget before hand with a confirmation email that the client agrees to the budget. The thing about having a job going and trying you out is a pretty old trick.