Pardon me for a minute while I rant. I'm in a foul mood, because I have been chasing after a check for several weeks now, and my contact's rationale for not paying me just boggles the mind. He's not saying the article wasn't delivered on time and according to my editor's specifications. He's not denying that I've written dozens of articles for this magazine and built a strong relationship over the past several years. He's just not going to pay my outstanding invoice (for one of the lame reasons below), although he "hopes we'll work together again the future."
Well, sir, you're messing with the wrong gal...
I know many of you have been there, done that, and got the lawyer fee to prove it. This list is for you. Though I cannot provide legal advice, I have compiled information from others who are familiar with media law.
"That article was assigned by an editor who no longer works here." That is regrettable, but it's not the writer's fault. If the editor assigns an article and accepts the completed the article, the publication is obligated to pay the writer even if the editor leaves thanks to something called Implied Authority of Contract.
"We're killing the article, but you did everything you were supposed to." When there is a legitimate reason to kill the article (say, the writer delivers the article, but it's not up to snuff), then the writer is owed a kill fee. But if the editor arbitrary decides to kill the story for reasons that have nothing to do with the writer (for instance, if the editor later changes her mind), then the writer should fight for the full fee. In cases where there is no formal contract, an email from an editor outlining the assignment is considered legally binding. Still, I'd recommend getting a formal contract to outline all the terms of the assignment.
"There was an issue with your invoice." Was there also an issue with your email and phone that you weren't able to contact the writer until her sixth follow-up message?! I've heard this several times, and frankly I don't buy it. I always try to put my mailing address, phone number, and email address on invoices so that it's easy to contact me with questions. Still, some people can't be bothered to send a quick email or pick up the phone. Instead, when you finally track them down two months later, they will stammer "there was a decimal error, so we just stuck in our special file (read: circular file) and hoped you wouldn't notice." This is why it pays to ask.
"Our accounts payable person is on maternity leave/sabbatical/vacation/
got laid off." Someone posted this on a writer's board, and I couldn't believe it. Are salaries employees going without pay for an indefinite period of time? I think not! Now, I'm understanding if my check is a week or so late as long as there's some evidence that payment is in process. If you can give me a check number or a date that the check was mailed, I'll back off. But this is just a cop out.
The key, in my opinion, is to keep a paper trail, and follow up politely but firmly at regular intervals. Hopefully polite persistence will pay off for me. But just in case... does anyone know a good lawyer?
Update: the person mentioned above has agreed to pay a large portion of my fee. Considering that he originally refused to pay any of it, I'll consider that a small triumph.