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Dispirited but not defeated

I don’t know about you, fellow freelancers, but the past eight weeks have felt like “The Twilight Zone” when it comes to getting paid.

Only you know that the problem won’t end after a 30-minute episode.

At first, I chalked it up to The August Doldrums: you know, editors and publishers going on that elusive thing called “vacation” while you continue to sit, fingers to keyboard, filing assignments and checking accounts to see if those outstanding invoices have been paid.

Once the calendar flipped its page to September, I was ready to follow up. With nearly $9,000 of unpaid invoices, most of which represented work filed months ago, I set aside time in my hectic reporting and writing schedule marked “INVOICE F/U.”

That “F/U” is for “follow-up,” in case you were wondering. I know- the temptation to read a double entendre into that is real.

I always feel resentful about spending time chasing down money I’m owed. It’s time for which I’m not getting paid, spent on work for which I’m owed, taking time away from new work that could be getting done, asking for something I shouldn’t have to ask for because I’ve followed all the rules and have honored my end of contractual agreements. But I suck it up, send out inquiries, pull up and reattach invoices “for your quick reference and convenience,” and look at what kind of crazy mathematics I have to pull off to cover my own obligations while I wait to get paid.

But this September has, thus far, been particularly bad. A publisher who owed $3,200, separated into two invoices, paid one invoice but not the other. When I followed up, they were surprised. There was another invoice? Well, yes. Yes, there was. Another publisher lost my invoices: could I send them again? And a third promised, repeatedly, that “payment was being processed this week,” only this week turned into three weeks, and no, I still haven’t been paid.

The kicker came today, when, after filing an assignment for a reputable outlet for which I’ve written a couple times (and have two more commissions in the pipeline), I wrote accounts payable to check on the status of an invoice filed at the beginning of August. I double-checked our contract: net 30. They were past it. Where was my money? I wrote, politely, to inquire.

What ensued has been an exchange of emails that has left me dispirited and disgusted, but not at all defeated. Many freelancers don’t follow up on payments; others apologize for doing so (“Sorry to be a pest, but I just wanted to check on my invoice, dated months and months ago!”). After the series of exchanges below, I am, more than ever, determined to be both diligent and dogged in pursuit of compensation for my work.

I hope you will feel the same. I also hope you will share this widely. Don’t let others devalue your work. Don’t continue to contribute to a system that doesn’t compensate you for your product; I can think of no other profession that permits this. Feel free to lift any of the language of my own emails and edit them to fit your own situation as you seek the payment you are owed.
**
Email One: From Me to the Accounts Payable Department of the Publisher

“Hello-

My name is Julie Schwietert Collazo and I’m writing to check on the status of an invoice that was filed on or around August 5. The project was [description of project], which was assigned by [name of editor]. The total due was [$xxx.00]. I have not yet received payment for this project; could you please advise regarding the status and when payment can be expected?

Thanks,
Julie”

**
Email Two: From Someone in Accounts Payable Who Did Not Indicate His Position/Title

“Hi Julie: We are currently have a backlog with our freelance payments, we will get payment out as soon as we can. Please be patient and we’ll get you paid. Thank you!”

Upon receiving this, I stepped away from the computer to think. Would I write a “Ok, thanks!” email or would I let him know that no, this wasn’t okay? I thought about it for about 20 minutes and then responded:

Email Three: From Me to Untitled Guy #1 in Accounts Payable

“Hi, [name redacted]. Thank you for the update. Do you have an estimate of when the invoice will be paid?”

Email Four: From Untitled Guy #1 in Accounts Payable

“Not at this time. Sorry.”

Email Five: From Me to Untitled Guy #1 in Accounts Payable

“Dear [name redacted]-

This is an utterly unacceptable response, and one that I find disrespectful and unprofessional. I am not writing for a hobby; this is my profession. Like [name of publisher], I have bills to pay and not a single one of the people or companies waiting for payments from me would accept this type of response.

According to the contract with [name of publisher], it is clearly articulated that your obligation is to pay within 30 days of receiving the invoice. Please see the contract here, if there is any doubt as to that fact.

[I inserted a link to the contract, signed by both parties.]

If I do not receive payment by the close of business on Monday, September 21, I will pursue legal action.

Sincerely,
Julie Schwietert Collazo”

Email Six: From Untitled Guy #2 in Accounts Payable

“Hi Julie,

My apology for the delay in payment. Please understand that the AP team was in no way trying to be rude or disrespectful and we do appreciate the service you provide to our Company. I’d like to talk to you live if you are available this afternoon so we can discuss your invoice and payment. Please let me know if you are available after 2pm PST and if [my phone number, redacted] is still a valid number to reach you at.

Thanks,
[name of guy #2 from Accounts Payable, who also doesn’t indicate his title]”

Email Seven: From Me to Untitled Guy #2

“Dear [name redacted]-

Thank you for your prompt reply. I’d rather receive explanation and next steps/payment schedule via email so that we have mutual documentation.

Sincerely,
Julie Schwietert Collazo”

Email Eight: From CFO of Publishing Company to Me

“Julie,

[Name redacted] forwarded your email to me. I’m happy to jump on a call to discuss, but we will not discuss via email. Sorry if that is an inconvenience for you, but I’ve found email insufficient to discuss payment matters. Please let me know a good day/time/number to call you.

Best,
[Name redacted]”

Email Nine: From Me to CFO

“Dear [Name redacted]-

I’m not sure why you find email ‘insufficient’ for discussing payment matters; as far as I’m concerned, I only want to know when you intend to process payment and whether this problem with paying freelancers will continue, as I have another invoice I’ll be submitting for a work filed yesterday and I have two more assignments pending. If you are insistent that you must call, please be aware that I will record the conversation, which is legal under New York State law.

You are welcome to call me at [number redacted] anytime after 8 AM tomorrow. After tomorrow, I will be out of the country on assignment and without phone and Internet for 10 days, so I ask that this issue be resolved as quickly as possible.

Thank you.”

Email Ten: From CFO to Me

“Julie,

I’m sorry, we will not consent to being recorded. If you’d like to discuss payment without recording, please let me know; otherwise, we’ll tender payment when able.

Best,
[Name redacted]”

Email Eleven: From Me to CFO

“[Name redacted]-

I’m not asking for your consent. New York law clearly indicates I’m within my rights to record a call, with or without your consent.

It’s clear to me that you and your colleagues don’t intend to act honorably; you’ve made a clear-cut situation far more complicated than necessary, and your contract is absolutely clear about the terms of payment. If I do not near from you by tomorrow, whether by email or phone, with a specific plan of action and timeline for payment, I will initiate legal action.

Sincerely,
Julie Schwietert Collazo”

Email Twelve: From CFO to Me

“Julie,

I understand your frustration on payment (I would be frustrated if I were in your position). I would like to discuss it with you. Payment issues happen in business from time to time. When they occur, they are not necessarily (and absolutely not in this case) a function of dishonorable behavior or deceit. We had a significant partner file bankruptcy, which has created this issue. We are working through it. You will be paid in full. If you would like to discuss the timing of this, I am very happy to call you to do so. But, I am in California, which does not allow recording conversations without consent. I do not consent to being recorded. If you want to discuss your payment without recording, I am standing by to do so. If you do not want to do that, you will still be paid in full.”

Email Thirteen: From Me to CFO

“[Name redacted]-

I certainly understand that ‘payment issues happen in business from time to time.’ I’ve been a business owner and, of course, as a freelancer, I’m frequently in the unfair position of being put at the mercy of a publisher’s ‘payment issues’… though I doubt you or others on staff absorb the similar–and very real– tangible, literal costs of such issues. Nor does your landlord, electric company, or Internet service provider, I’m sure, wait until issues resolve for you to pay them. Yet [name of publisher redacted], like too many publishers, expects freelancers to bear the brunt of the effects of problems they didn’t create. And, unfortunately, too many freelancers don’t assert themselves because they’re afraid they’ll never get paid, or that they’ll ‘burn bridges,’ a ridiculous notion, considering that they’re not the one who caused the problem.

It’s not unreasonable to want to be paid according to the contract we both signed. In addition, what continues to confound is: (1) why you would feel it is at all ethical to allow editors to continue commissioning freelance content in the midst of such problems (which clearly don’t have a resolution), and (2) why you wouldn’t inform freelancers who are due money what the generalities of the problem are, detail how it affects them, and present them with a reasonable resolution, one that has a timeframe attached to it. That’s fair and professional business.

I am not willing to have an off-the-record phone conversation. You can expect to hear from my lawyer.

Sincerely,
Julie Schwietert Collazo”

and his final reply, which will not be met with a response from me, other than the one I’ve clearly indicated is my recourse:

“Understood. Please put him or her in touch with me. Happy to discuss with them.

Best,
[Name redacted]”

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