PROMO FRIENDS: Earlier today one of my NYC promo peeps asked me a very important question; how do you deal with late paying agencies? What constitutes an appropriate amount of time to wait before you start harassing payroll for your check? I think these are questions everyone in this industry has had to ask at some point, so I made this video to explain my answers as best I can. The bottom line is, you need to get paid. Be polite. Be professional. But, most of all, be persistent! You earned that paycheck, and you deserve to be paid in a timely fashion for your effort and dedication. I dont care how much work an agency has, there are too many good companies out there to put up with BS from the bad ones. If a company makes you fight to get paid, do not work with them again in the future! All that said, sometimes things happen and payments get delayed for reasons beyond the agencys control. In an ideal world, the agency should let you know if thats the case before you have to reach out to them. But, sadly, we dont live in an ideal world and sometimes you need to write a few unpleasant emails to make sure youre taken care of. In those instances, the first letter you write should look something like this: Hi! My name is _(your name)_. I worked the _(name of program)_ event for you on _(the dates you worked)_ between the hours of _(the hours you worked)_. I was booked by _(the name of the booker)_ at the rate of _(your pay rate)_. I turned in my time sheet/invoice in on _(the date you turned your paperwork in)_. Its been about _(number of weeks since the program ended)_ since the event, and I was just wondering if you had any updates on when I might expect to see my paycheck. I know you all must be super busy at the office. Weve definitely been busy out here in the field! So, I totally understand if things are just taking a little longer than usual. You have always been great to work with in the past, and I trust that my payment will be coming soon. If theres anything you need me to resend on my end, Id be more than happy to give you copies of anything you need! Please let me know if you find anything missing in my paperwork. I know sometimes these small oversights on the BAs part can lead to long delays, and I want nothing more than to make your job easier. Thank you so much for your help! I hope youre having a wonderful day! Sincerely, (Insert your name here) If that first email doesnt get a response, I send one that looks like this: Hi! My name is _(your name)_. I worked the _(name of program)_ event for you on _(the dates you worked)_ between the hours of _(the hours you worked)_. I was booked by _(the name of the booker)_ at the rate of _(your pay rate)_. I turned in my time sheet/invoice in on _(the date you turned your paperwork in)_. It has now been about _(number of weeks since the program ended)_ since the event, and I was just wondering if you received my first email regarding payment. I havent heard anything back from you yet, and I still have not received my check. Im sure youre just very busy at the office, but I would truly appreciate it if you could send me a quick update as to when I can expect to be paid. You can reach me at this email address, or on my cell. Thank you for your help! Sincerely, (Insert your name here) If you send multiple emails and get no response, its time to escalate to something like this: Hi! My name is _(your name)_ and I have now sent you _(more than five)_ emails in regard to the event I worked on _(the date you worked)_. I still have not received an answer to my inquiries, nor have I been paid. It has been _(number of weeks since the event)_. This is an unacceptably long time. Our contract states that I am to be paid out in _(number of weeks stated in the contract)_. Unfortunately, I am now forced to turn down future work with your agency due to your failure to live up to the terms of our agreement. (If you have any future jobs lined up with them, tell them you are canceling until your emails are answered). As you know, the promo community is a small world, and BAs share these type of experiences with one another. Other people, good people, will hear about the way you are treating your staff on Event Speak, in our Facebook groups, in the field and everywhere else if this situation is not resolved soon. I advise you to make this right quickly. Thank you, and I await your timely response. Sincerely, (Your name) If none of that works, you may want to consider starting a labor dispute with the state. HOWEVER, you should know ahead of time that filing a labor dispute is very time consuming and will most likely involve legal expenses. So, unless you are owed a large amount or want to do it on principal, its probably not worth it. Also, it is important to note whether you were hired for the job in question as a W2 employee or a W9 contractor. You have a lot more rights if you took the job on as a W2, because that means you were officially an hourly employee of the agency for that event. They are subject to state labor laws in that case. If you signed on as a W9, you have a lot less options. Sadly, Independent contractors arent protected by most labor laws. When you work on a W9 and an IC agreement, you are self employed. You arent guaranteed breaks, pay schedules or any of the other niceties that hourly and salaried employees are. It sucks, but thats the way it is. On the bright side, in the five years that Ive been doing this, I have never not been paid for an event. I have occasionally had to wait an outrageously long time to see a check (I think my record is eight and a half months), but I always get paid. Just stay on top of your own accounting (and remember which agencies treat you well and which ones dont) and youll be fine! Happy promoting, feel free to share, and I hope this helps! Landry May Terri Riley
Posted on: Thu, 03 Jul 2014 08:29:56 +0000
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