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Employer Looking for Compensation

  • 05-04-2014 2:47pm
    #1
    Distance
    Registered Users Posts: 15 ✭


    Hi,

    Hope this is the right place to post this. I'm having a serious problem with an employer and I'm looking for advice on it.

    I did a load of editing for a company on a freelance basis. 18 months ago I was offered a rate by the owner of the company, I accepted it, and have worked at that rate ever since, clearly marking my invoices with the rate I charge per file.

    This week I got a call from the owner of the company looking for compensation from me because I'd double charged him. I edit lectures; there's two lectures per day. He offered X for an "edit", which I took to mean a file. When he called he insisted that an "edit" meant "per day, not per file". So he's out of pocket because of a mix up in communication and is now looking for me to repay about €2000. When I asked why he didn't check the invoices to make sure that the rate was correct I was told that "I don't look at them - the accountant does".

    So, I'm looking for information and advice on where I stand with this.
    Tagged:


Comments

  • #2
    srsly78
    Registered Users Posts: 7,157 ✭✭✭srsly78


    Refer to your written agreement. If there is no written agreement then are you prepared to argue about it? If so do you expect more business from the client? Note that this is your customer, not your boss.


  • #3
    Distance
    Registered Users Posts: 15 ✭Distance


    There's no written agreement. I've talked it out but met with stubborn refusal to admit even the slightest fault on their part. I've offered what I think is a fair compromise (adjusting outstanding invoices to the amount the customer meant, rather than said). I'm just worried now that payment for all my invoices, including plenty for other, unrelated work with the company, will be held. I've been offered more work with the client but I'm not too interested in working at a loss until the figure that the company decide I owe them is paid off.


  • #4
    srsly78
    Registered Users Posts: 7,157 ✭✭✭srsly78


    Choose:
    A: Tell them to get lost. Find a new customer.
    B: Suck it up.

    Make your mind up quickly, the more outstanding invoices there are, the more leverage this gives them. Strangely in business, when a customer owes you a lot of money this gives them power over you.

    In future always try to have a clear written agreement in place to avoid silly arguments.


  • #5
    Distance
    Registered Users Posts: 15 ✭Distance


    Fair point. Was one of those jobs I fell in to when I was skint so didn't think too much about written agreements.

    Cheers for the advice.


  • #6
    Mrs OBumble
    Registered Users Posts: 25,657 ✭✭✭✭Mrs OBumble


    Moving to E&BM, since this clearly isn't about employment.


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  • #7
    Voltex
    Registered Users Posts: 1,580 ✭✭✭Voltex


    srsly78 wrote: »
    Choose:
    A: Tell them to get lost. Find a new customer.
    B: Suck it up.

    Make your mind up quickly, the more outstanding invoices there are, the more leverage this gives them. Strangely in business, when a customer owes you a lot of money this gives them power over you.

    In future always try to have a clear written agreement in place to avoid silly arguments.

    Id [robably agree that it is one of those situations where you need to decide if its worth losing potential future business over. We recently had a situation where a quote to a customer in France for multiple lines ended up with one in particular being priced incorrectly. As with retailers here..it is almost impossible to get a price increase once commercials have been agreed. The choice was simple for us..either fight it out or suck it up and take it on the chin with lessons learned.
    In the end we accepted that we made the mistake and explained this to the buyer. The knock on effect has been another 2 listings and enhanced relationship.


  • #8
    Lobby Con Shine
    Registered Users Posts: 121 ✭✭Lobby Con Shine


    Distance wrote: »
    There's no written agreement. I've talked it out but met with stubborn refusal to admit even the slightest fault on their part. I've offered what I think is a fair compromise (adjusting outstanding invoices to the amount the customer meant, rather than said). I'm just worried now that payment for all my invoices, including plenty for other, unrelated work with the company, will be held. I've been offered more work with the client but I'm not too interested in working at a loss until the figure that the company decide I owe them is paid off.

    If that offer is in writing then you don't have a leg to stand on. It's a tacit admission that your customer is right and that you were double paid.


  • #9
    The Corinthian
    Closed Accounts Posts: 19,777 ✭✭✭✭The Corinthian


    My understanding in such situations is this (usual caveats about speaking to a solicitor apply). You have a verbal agreement. He has already paid invoices on the basis of the edits being separate documents.

    How clear on your invoices is it that the charge is for the two documents per job? For example, if you did two documents on the 1 March and you bill him for each in an itemized manner or even state "for editing work on 1 March", then he really hasn't much of a leg to stand on legally, as you describe what work you did and he accepted (and paid) the invoice, and so you could bring him to court for your outstanding invoices to boot.

    If you want to keep him sweet because of future work, then I'd credit his account rather than repay anything and this would likely mean taking a hit on your outstanding invoices.

    Of course, now you've complicated things by essentially caving into him and has been said, if this offer is in writing, you're screwed. Even if only verbal it could cause you problems.

    My guess is that the work is drying up (someone else has been earmarked for the unrelated work) and he's just stiffing you with the final invoices which is standard procedure with Irish SME's - they pay you only as long as they need you in the future.


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