Employer won't pay me! What would you do?

Question

I recently got a freelance job designing a new logo for this woman's new company. i use a freelance job posting site, and all legal problems should be covered by them. well, it was my first job and wanted to make a good impression, and i missed a step in the process where the employer must deposit the pro's (me) fee into an escrow account until the job is complete. I didn't know this and did the design work as stated in my contract agreement with this woman. she went ahead and hired another pro for the same job and paid them for the work done. she's left me high and dry, and since she never deposited my fee into the escrow acct. the website company has no legal standing, other than to delete this woman's account which she could resign up for with a co-worker's name or something. i've sent her numerous emails and still no answer in almost 2 weeks. now i'm ready to send her one last message. what would you say that would be firm yet not in-your-face aggressive?

i DO have a copy of the agreement. i wrote it, uploaded it to the freelance website and she agreed to the terms (she didn't sign anything, but when she clicked on 'agree' with my agreement that should count as a digital signature. also, i HAVE completed everything i wrote up in our agreement. she has NOT. and ALL messages/contacts have been documented via the website. you can't share personal emails until the job is done (i believe).

thanks to all who have answered!

Answer 1

Don't bother with email. Send her registered, return receipt letters stating the facts and requesting payment.

If there is no response to at least 3 such letters, you can probably take her to small claims court. Make sure you have all of your documents lined up.

Did she sign an agreement? Do you have the agreement in hard copy form?

Did you do the work? Can you prove it is your work and not that of some other person?

Did you request payment and did she not pay you?

Since you were a freelancer, state agencies that handle employer "failure to pay wage" cases are, in most cases, not able to help.

Answer 2

Not sure how much money they owe you, but maybe you ought to contact a collection agency to try and mediate the problem before going to court. Also it is still a great idea to send correspondence to them by registered mail. Keep a very organized folder on them until the matter has been resolved.

If using a collection agency doesn't work and the amount you are trying to collect on is less than $2,500 then take them to small claims court.

Good luck.

Answer 3

I think you should keep records of everything you have done relating to her account. your contact with her, the work you did and your attempt to get paid.
and see if the website company will release to you copies of their contact with her.
in the country where I live there are steps you can take to have a company wound up ( put into receivership ) if they don't pay a debt. it's also possible to complain to the Tax Office, and they will schedule the company for an audit.
no one likes being audited.
or if it's not a large sum, you could write it off as experience.

Answer 4

I would seek legal advice as if you signed a contract for the work i guess you might be able to sue her for breach of contract!.

i won't send her anymore letters/e-mails yourself i would take a copy of them and your agreement with you to your lawyer and get them to act on your behalf.

Answer 5

It depends on what your contract states - if you have a contract specifies payment on completion and you can prove that you have met the contract criteria than you have a right to sue for non-compliance of contract in most Western Countries.

Answer 6

If I were you, I would take it to small claims court...Sometimes with just the threat of that people will pay up. Good luck!

Answer 7

take her to court