Legal question...what are my rights?

wildviper

Hello,

I recently did some headshots for a company that I worked for. It was for three people. I was asked if I would do it and I said yes. It was not discussed how much I would charge or even if I would charge them.

After the shots were done and delivered, the bosses continued as if I was not owed anything. I let it go since I took the shots while being on the clock with them and on their property.

However, they have let me go now and am curious to my rights to collect a payment for that work? I sent them an invoice less 2 hours of pay that they paid me, though I only worked 1 hour for the pictures on location.

Do I have a legal right to collect? I know they won't pay, but I want to know where I stand.

angevin1

wildviper wrote: »

Hello,

I recently did some headshots for a company that I worked for. It was for three people. I was asked if I would do it and I said yes. It was not discussed how much I would charge or even if I would charge them.

After the shots were done and delivered, the bosses continued as if I was not owed anything. I let it go since I took the shots while being on the clock with them and on their property.

However, they have let me go now and am curious to my rights to collect a payment for that work? I sent them an invoice less 2 hours of pay that they paid me, though I only worked 1 hour for the pictures on location.

Do I have a legal right to collect? I know they won't pay, but I want to know where I stand.

You need to go ask a lawyer if you're really serious.


Are you mad at them, er something?

As for me, I say no. My morality says no too! My conscience says no. ..ummm muscle testing: No. And my bossy hat, says no because you were on the clock. So no.

System

If your job called for you to do photography work, you did get paid for the shots because you were on the clock. If it was a "side thing" for your employer, again you did get paid since you were on the clock.

Why now are you wanting to get paid? Is it because you got fired and your angry or is it because you really feel you should get paid above and beyond your hourly rate that you already got?

Let me suggest something to everyone here...
Next time you do some photography work and want to get paid for said work, get a SIGNED contract.
I watch Judge Judy and I did learn something from her stupid show. Get a signed contract!

Sam

No charges of any kind were discussed, you agreed to do the shoot, shots were taken while you were on the clock.

Now you somehow think they owe you something????

The only way I can see you getting paid anything is when Beelzebub is ice skating on his front yard.

Sam

wildviper

Fair enough. I will chalk this down to experience.

However, when I agreed to the shoot, I figured that they would ask me what my charges were as a courtesy. That didn't happen and I didn't want to endanger my job at that time to bring it up. So I let it go.

This was not my "regular" job. It was a side gig. And obviously I am upset they let me go. But, oh well. C'est la vie!

gecko0

It's a good question (I have nothing to add to the above comments)...I wonder how the "being on the clock" can be argued by a lawyer, depending on the situation. An example would be if I was in the same situation...but I"m salary and essential at the company's call at any time, 24x7. That wouldn't mean anything I ever did was their property....but then again, that's what contracts are for.

angevin1

wildviper wrote: »

Fair enough. I will chalk this down to experience.

However, when I agreed to the shoot, I figured that they would ask me what my charges were as a courtesy. That didn't happen and I didn't want to endanger my job at that time to bring it up. So I let it go.

This was not my "regular" job. It was a side gig. And obviously I am upset they let me go. But, oh well. C'est la vie!

C'est La vie, indeed. I think you should re-post and ask, What do I say next time this occurs. Funny how words work!

Like: " Oh, hey, that is part of my home based business. I'll be glad to clock out and do your shoot for $x...You'll love it!"

chrisjohnson

The only legal obligation I see here is your obligation to pay tax on the income you have now declared by issuing an invoice.

You never know what happens now. Maybe they feel generous and pay even. Maybe they don't need the aggravation of ending up on a bad payer database/going to court for a piddling amount. Maybe the clerk in accounts payable is half-asleep. It depends how generous they feel to you or how mad they think you really are or how incompetent their admin. Maybe you get lucky - but I doubt it. If I was them I would ignore you and bet you don't try and collect.

Depending how solid your own admin is, your invoice could even be a risky move. Sending unjustified invoices is criminal behavior in many jurisdictions, and many people would at least consider it to be a threatening gesture and hit back in ways you are not expecting.

Good luck finding another job. This seems to be the main thing. I hope this particular snake does not turn on you.

wildviper

Well as I said, I am going to chalk this up to experience. If they pay(I highly highly doubt), great. If not, oh well.

I am focusing on starting up a business...so I have moved on.

If they try to come back after me based on "unjustified" invoice, I will deal with it then.

johng

I think you're looking too hard into this. I doubt they're going to "come back after you on unjustified invoice". Your invoice is in the circular file. Unless it's being passed around as a joke. Good luck with your new business.

JamesMPhotos

Did your employer give you a reason you were "let go"?

wildviper

JamesMPhotos wrote: »

Did your employer give you a reason you were "let go"?

Yes. The reason was that a project came due and I hadn't finished it. Problem is that I was on a Bereavment leave(2 weeks since I had to travel to Europe) that was approved by them and another person was handling my tasks while I was gone. That other person had told me that they had completed the project just in time.

Icebear

wildviper wrote: »

Problem is that I was on a Bereavment leaveQUOTE]

Damn, that's cold!

wildviper

Problem is that I was on a Bereavment leave

Damn, that's cold!

Oh I forgot to add..."Unpaid bereavement leave" rolleyes