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irieislandgirl
Community Member

Contract still open and not getting paid

Hi freelancers. I have a situation and I need some input. I have been working for a client for two weeks and a day. The only day I worked this week was this past Monday.  

 

This is the email I received at the end of the day this past Monday: 

 

I will need to pause your contract for this week....I am out of town...I can take care of most of my emails it’s pretty quiet...if I need something in particular....I will reach out to you.....you are doing a great job...nothing personal but we are about to be awarded a contract so I may put you on research....will let you know. Very Vague.

 

Research was not my initial job requirement. My job was making sure my client was organized and getting important emails and appointments. Kinda like "The Devil Wears Prada" movie, but with a nice client. 

 

Do clients usually pause contracts? It's not really paused, it's still open, I am just not working and getting paid. I'm in limbo and on hold. I still have access to all emails and appointment websites. I have yet to hear from the client what my status is with the company. 

 

I'm not sure what I should do. This client is still traveling and leaving again tomorrow (Friday). They will not be back in the office until Monday the 19th. I can send an email to them though but hate to do that because they said they would let me know. But, on the other hand, I can't be in limbo and on hold either and not getting a paycheck. I really would like some input. This has never happened before. 

32 REPLIES 32
petra_r
Community Member

Nothing you can really do. The client said she needs to put your contract on hold and will be in touch. She may, or may not.


Move on and look for other jobs, never put all your eggs into one basket so to speak.

Well, the thing about that is, this present contract states I am not supposed to not have any other commitments.

 

I applied to another job that said the same thing as part of the contract but, if they look at my profile, they will see that I have a job in progress. That will be a problem. What then?

 


Melinda M wrote:

Well, the thing about that is, this present contract states I am not supposed to not have any other commitments.


Never put yourself in this situation without retainers. You're a business owner - your clients have no right to demand you have "no other commitments" unless they pay you for 100% of your billable time, whether you're actively working on their jobs or not. You're not their employee and they don't own your time.

 

Go ahead and look for other clients, regardless of what this "contract" says. If the client makes a fuss about you running your business instead of sitting around waiting for them for free, just fire the client.

florydev
Community Member

There is nothing you can do...

 

Except find more clients.  You should never rely on any one client or really any one source of clients IMO.

 

ok wait for him but search also for another tasks so if he unhold you may have two oportunities and more income 

gilbert-phyllis
Community Member

I agree with Petra and Mark. It might be helpful to adjust your thinking by changing the terms you use. As a freelancer, "paycheck" isn't (IMO) the best word to use because it implies a regular, predictable wage which can happen in freelancing but is never reliable. Your earnings constitute a fee that a client pays in return for certain services you render. Your "status with the company" is that you don't have one. You are not an employee. You are a contractor. The reason the client is using a contractor instead of an employee for the work you perform is so they can only pay you when they need you and not have to worry about keeping you productively occupied all the time. They can also terminate the contract without notice. If the idea of suddenly having no work and no fees coming in for an indefinite period of time is discomfiting, then never leave all your eggs in one basket.

 

In any case, do not pester the client. Spend your unexpected spare time to find some more good ones.

I understand what you are saying here. But part of my present contract says I should not have any other commitments that would take away from doing my job for the client. The client has not touched base with me yet to let me know if they still want me to work for them or not. The contract is still open. And as I stated above, I still have access to all emails, passwords to webpages, etc.... 

 


Melinda M wrote:

I understand what you are saying here. But part of my present contract says I should not have any other commitments that would take away from doing my job for the client. The client has not touched base with me yet to let me know if they still want me to work for them or not. The contract is still open. And as I stated above, I still have access to all emails, passwords to webpages, etc.... 

 


Well if it were me, I probably would not have agreed to that since it is very ambiguous....

 

But, I would also say it isn't taking away from their job since they have no work for you.  If they come back, juggle them both (easy for me to say I know)  and don't let it get in the way.  I personally would kick this one to the curb as soon as humanely possible.

 

So much of this is about managing expectations and one of the expectations I like to make a point of managing is...

I am not your employee.


Melinda M wrote:

I understand what you are saying here. But part of my present contract says I should not have any other commitments that would take away from doing my job for the client. The client has not touched base with me yet to let me know if they still want me to work for them or not. The contract is still open. And as I stated above, I still have access to all emails, passwords to webpages, etc.... 

 


You say you can't afford to be without a paycheck, yet you agreed to a contract that not only does not guarantee a minimum income but also prevents you from earning fees elsewhere. You need to take charge of your situation.

 

An exclusivity agreement is only worthwhile for the FL if it carries a retainer fee. That is, the client pays you a certain amount of money every week to be be available to him for up to x hours, to perform specified tasks. If there is no retainer fee, then an hourly contract should specify the max number of hours you'll be available/allowed to bill each week (and the specific things you'll be doing). It's none of the client's business what you do with hours that he isn't paying for. If the nature of the work you do for him is sensitive, he can have you sign a non-disclosure agreement, which still doesn't have anything to do with how you spend your time when you're not on his dime. If he feels that anyone working for him needs to enter into a non-compete agreement, then he needs to spend enough money that you don't need to work for anybody else. But again, beware putting all your eggs in one basket.

 


Melinda M wrote:

my present contract says I should not have any other commitments that would take away from doing my job for the client.


If you find another gig you will not be violating your present contract, because at the moment you are not receiving anything to do for them, right? If you were doing a task it would be different, but you are doing nothing so your attention cannot be taken away from a task you are not doing.

For the record.... that client's history screamed at you that something like this was going to happen.

 

florydev
Community Member


Petra R wrote:

For the record.... that client's history screamed at you that something like this was going to happen.

 


Because the no feedback given?  

What did I miss that would have said this would happen? I admit. I did not look at all of the history. 


Melinda M wrote:

What did I miss that would have said this would happen? I admit. I did not look at all of the history. 


Well in case Petra never comes back to this I am going to guess that it is that a vast majority of the clients job they have left no feedback.  This means they didn't close any of those jobs because they would be forced to provide feedback in that case.

 

A pattern of not providing feedback suggests to me they just walk away from jobs and never go back.

I went and looked at that. In my situation, I still have access to everything. Even all of the usernames, passwords, bank credentials, and personal information. I'm not sure what is going on or why I would still be on or open to all of this.  

Melinda M wrote:

What did I miss that would have said this would happen? I admit. I did not look at all of the history.



Your client has hired a dozen or so virtual assistants over the years and several have commented that she's "unresponsive". One person says that her contract was put on pause for 6 months. So, I'd start looking for additional projects, if I were you. (Definitely don't wait 6 months!) Plus she doesn't pay very well and seldom seems to re-hire anyone either, which suggests that she regards freelancers as disposable.

 

As others have pointed out, if she's not paying you to be her full-time employee, then you're not her full-time employee.

 

I didn't see the one where she paused a contract for 6 months. I will look again. She paid me VERY well. Until she paused my contract. Like I told Mark. I can still see all email conversations, have access to ALL banking credentials, and personal information, usernames, and passwords and I am still apart of Microsoft Teams.


Melinda M wrote:

I didn't see the one where she paused a contract for 6 months. I will look again. She paid me VERY well. Until she paused my contract. Like I told Mark. I can still see all email conversations, have access to ALL banking credentials, and personal information, usernames, and passwords and I am still apart of Microsoft Teams.


Yeah, but presumably you're not going to steal from her or sabotage her computer - I don't see what that's got to do with anything. I'm not saying that she won't be giving you any more work, just that it's not wise to treat a client like they're your employer. The client-freelancer relationship works both ways - they only have to pay you when they need you, and you only have to work for them if you're not busy working for other people. They have no right to expect you to just sit around not getting paid while waiting to do their bidding.

No. Of course, I would not do that. I'm a very trustworthy person. That is not in my nature. Just odd to me that a person with a high level CEO position would not bother changing passwords etc IF the plan would be to not do business with someone any longer. 


Melinda M wrote:

No. Of course, I would not do that. I'm a very trustworthy person. That is not in my nature. Just odd to me that a person with a high level CEO position would not bother changing passwords etc IF the plan would be to not do business with someone any longer. 


There is no reason to believe that this work is going anywhere.  But there is also no way to know when or if it will come back.  Literally anything could happen.

 

To me if your contract reads literally: " I should not have any other commitments that would take away from doing my job for the client."

 

I would interpret that as liberally as I could as "as long as I am getting work done for this client that they need I am good" and not something more exclusive than that.  I would then find more work.  If they come back I would juggle both until I can get one done.  

 

As always I am not a lawyer but I have to say if that contract really says that I am going to guess whoever wrote it is not one either.


Melinda M wrote:

No. Of course, I would not do that. I'm a very trustworthy person. That is not in my nature. Just odd to me that a person with a high level CEO position would not bother changing passwords etc IF the plan would be to not do business with someone any longer. 


CEO of what? I'm CEO of everything I survey. Doesn't mean squat, except that it's my job to be sure the bills get paid and the trash gets emptied.

 

She likely has no such plan (not to do business with you any longer), not yet, anyway. If and when she cuts you loose, she'll change her credentials. Or not. Maybe she's flaky that way, in which case you have to ask yourself if it makes sense to do business with her.

 

Listen to all the solid advice you've heard here. Find some real clients and get on with it.


Melinda M wrote:

I understand what you are saying here. But part of my present contract says I should not have any other commitments that would take away from doing my job for the client. The client has not touched base with me yet to let me know if they still want me to work for them or not. The contract is still open. And as I stated above, I still have access to all emails, passwords to webpages, etc.... 

 


Sometimes I sign things knowing full well they can't enforce it or do anything with it. Go get other work. He can't do anything about this clause. Don't tell him. Don't mention it. If he finds out, worse he can do is drop out and your are left in limbo.......oh wait

Ha Ha Ha! a You're funny. I hear ya. I'm already in limbo.

 

I have already applied for other work. It just really ticks me off. I had been out of work for two months, thinking I would not find work at all, and I finally got hired and made excellent money these last two weeks. I feel like I am back to square one. 


Melinda M wrote:

Ha Ha Ha! a You're funny. I hear ya. I'm already in limbo.

 

I have already applied for other work. It just really ticks me off. I had been out of work for two months, thinking I would not find work at all, and I finally got hired and made excellent money these last two weeks. I feel like I am back to square one. 


There are lots of ways of looking at it...

 

Me, I am always out of work, even when I have some.   I am like a shark that never stop swimming or I will die.

 

I know people on here who survive on invites but that is not me, maybe someday...but I am not counting on it.

lysis10
Community Member


Mark F wrote:


There are lots of ways of looking at it...

 

Me, I am always out of work, even when I have some.   I am like a shark that never stop swimming or I will die.

 

I know people on here who survive on invites but that is not me, maybe someday...but I am not counting on it.


When I go out, I tell people I'm unemployed. heehee

florydev
Community Member


Jennifer M wrote:

Mark F wrote:


There are lots of ways of looking at it...

 

Me, I am always out of work, even when I have some.   I am like a shark that never stop swimming or I will die.

 

I know people on here who survive on invites but that is not me, maybe someday...but I am not counting on it.


When I go out, I tell people I'm unemployed. heehee


I am going to have to try that.


Mark F wrote:

Jennifer M wrote:


When I go out, I tell people I'm unemployed. heehee


I am going to have to try that.


My mother is always telling people that I'm unemployed - she doesn't understand the difference between being unemployed and self-employed. (Well, at times there is none, so she might have a point.)

 


Melinda M wrote:

I have already applied for other work. It just really ticks me off. I had been out of work for two months, thinking I would not find work at all, and I finally got hired and made excellent money these last two weeks. I feel like I am back to square one. 


Hey, don't let this get you down. Nobody is saying your client will not get back, though the history definitely shows a pattern. I agree, you must go on. If the client returns, great; but in the meantime you need to keep looking for other jobs. Birds are always looking for food while they still have energy to fly.


Christine A wrote:


My mother is always telling people that I'm unemployed - she doesn't understand the difference between being unemployed and self-employed. (Well, at times there is none, so she might have a point.)

 


My mother says, "Oh, freelancing, though. You never know when you're going to get that."

 

I haven't had any downtime in YEARS, and she's forever telling me that I spend too much money on her, but she's pretty sure this is a risky proposition.


Christine A wrote:

Mark F wrote:

Jennifer M wrote:


When I go out, I tell people I'm unemployed. heehee


I am going to have to try that.


My mother is always telling people that I'm unemployed - she doesn't understand the difference between being unemployed and self-employed. (Well, at times there is none, so she might have a point.)

 


In the US, if you go to get financing for something significant like mortgage or car, you can feeeeeeel the salesperson's heart sink when you tell them you are self-employed. Here, it means "lazy bum living in your mom's basement."

reinierb
Community Member


Jennifer M wrote:

Christine A wrote:

Mark F wrote:

Jennifer M wrote:


When I go out, I tell people I'm unemployed. heehee


I am going to have to try that.


My mother is always telling people that I'm unemployed - she doesn't understand the difference between being unemployed and self-employed. (Well, at times there is none, so she might have a point.)

 


In the US, if you go to get financing for something significant like mortgage or car, you can feeeeeeel the salesperson's heart sink when you tell them you are self-employed. Here, it means "lazy bum living in your mom's basement."


At least it means something in the US. Here, you often just get a blank stare when you mention the word "freelancing".

I understand what you are saying here. But part of my present contract says I should not have any other commitments that would take away from doing my job for the client. The client has not touched base with me yet to let me know if they still want me to work for them or not. The contract is still open. And as I stated above, I still have access to all emails, passwords to webpages, etc....
This is why you should never sign up to exclusivity without substantial pay. They asked you to sacrifice all other commitments and should compensate you adequately and fairly.
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