Posted by Susan/CA on 4/27/11 9:14am
Msg #381434

Check not released until contract signed-????

I am really mad about this. How do you all feel about this scenario? I was called to do a signing by a company I have not worked with before. I agreed to the fee, location and time. After the signing the "office manager" (it looks like a family run business with 2 people working there) calls and says she has a check sitting on her desk waiting for me but first I must sign the W-9 and contract and fax it to her and mail her the hard copy. She sends me a contract and W-9 and in the email it says the check will not be released until all the items have been faxed and they receive the hard copies by mail. When I agreed to this signing this was not a agreed upon condition. You cannot hold my check hostage. Although, I was bothered I faxed the documents. The girl calls again and says okay now I need you to mail the contract and W-9 before we can release your check. I told her this was not a condition of our agreement for the signing. I know I am being difficult but I don't believe you can hold a check hostage based on terms that were not agreed upon and the time of the acceptance of the signing. I just noticed the contract on my desk I have not mailed it yet, nor have I recieved my check. This is a matter of principle and I don't feel it is legal for them to change the rules AFTER the original agreement. I did the job as agreed and I should be paid. In addition, I no longer want to work with them and therefore why should I send them the contract? Do you all think I am just being hard headed and stubborn or do you think it is wrong for them to hold my check under these circumstances?

Thanks in advance...

Susan

Reply by jackpar on 4/27/11 9:21am
Msg #381435

It is not unreasonable for them to request this type of information for their files. Just sign the contract and return it and forget it. You will have this type of situation with many new agencies. Even if you send them a contract that you don't personally agree with, you can always refuse future work under those conditions.

Reply by Moneyman/TX on 4/27/11 3:51pm
Msg #381496

I wouldn't do that if it were me.

"Even if you send them a contract that you don't personally agree with..."

Bad advice, IMO.
Have you seen some of those contracts?

Some of the non-compete clauses are written in ways that would not allow me to even accept work from a current client if this new company happens to send me something from them.

Those are not only terms that I "don't personally agree with" but they are terms that I will not ever accept.

I would not ever, "just sign it and forget it" (my words) when it comes to any agreement or contract. Especially one that can be used in court against me.

It is not good business for them to hold her check. That was not their agreement. They can request it, but they need to pay her immediately.

I see a Red Flag when a company would treat a SA this way after they have already completed multiple jobs for them. At the very least, it is not professional on their part.

Reply by Jodith/WA on 4/29/11 4:21pm
Msg #381763

Re: I wouldn't do that if it were me.

If I don't agree with the terms of the contract, I cross through and initial the terms Ii find objectionable. If they don't hire me again, then fine, because I won't work under those terms. Most of them, though, have never mentioned the crossed out sections.

Reply by jojo_MN on 4/27/11 9:36am
Msg #381437

Unless this was stipulated in the original confirmation, I don't see how they can legally hold your pay hostage. I understand the request to fax your W-9, but everything else is "after the fact". JMHO

Reply by janCA on 4/27/11 9:39am
Msg #381439

Go through the agreement and cross out everything that is not agreeable to you. Even if it's the whole contract. Sign and return. They're asking for a signed contract. You don't have to agree to anything, especially, after the fact, as stated before.

Reply by SouthernOK on 4/27/11 1:39pm
Msg #381471

Maybe add the wording, "under duress in order to get paid" to the contract.

I am not a lawyer.

Reply by Ilene C. Seidel on 4/27/11 9:50am
Msg #381444

You would understand if you owned a business, IRS requires a W-9 be on file. I think it's a professional way to keep their records in line with IRS requirements.

Reply by Moneyman/TX on 4/28/11 1:30am
Msg #381561

I think everyone can understand the W9 request.

It's the demand for her to sign the contract after the fact in order to receive payment for services rendered that is the issue. Apparently, the need for a signed contract was not discussed prior to completing the requested job.

The W9 and the contract are two different things. I think it is unprofessional on their part. They already have a copy of the W9 according to Susan.

Reply by Les_CO on 4/27/11 9:51am
Msg #381445

Under the circumstances you described it is NOT reasonable. (Did you make over $600 on this signing?)
But ….REMEMBER these people can do ANYTHING they want…including NOT PAY YOU! This business is a 100% gamble. Your best shot is to only work for those with excellent (no less than 4 stars here) reputations
If it were me I’d send them what they ask for, if their contract is crap (most are) I’d just not work for them again…UNLESS they sign your contract. JMO

Reply by James Dawson on 4/27/11 9:53am
Msg #381447

I had a situation where I refused to sign a "work agreement" that I disagreed with. There was a section that said I would take full responsibility for ALL illegal AND legal problems that may arise. I did NOT get paid for the work and it didn't kill me.

The one thing I learned was to never again work for anyone having these "contract". I don't get the amount of work most of the notaries get but I do have piece of mind.

If you want your check, simply comply. If it's a matter of principle, move on. IMO

One thing more, you might want to post the name so no body else will unknowingly fall victim to being mislead by this company.

Reply by ikando on 4/27/11 10:58am
Msg #381455

If you emailed the signed completed W-9, they have the required document. You can mark through the parts of their contract that you don't agree with, add your own requirements and initial the changes. Be sure you keep copies of the contract that you sign. Then scan and send it by email. If they're requiring a mailed hardcopy before sending your check, I think they are being VERY unreasonable.

I've also asked for the contract with their signatures from various companies, and have yet to receive one. In my opinion, if it's not signed by both parties, with copies in both parties' files, then it's not a completed, valid contract, and either side can ignore it. JMO though, as I am not an attorney.

Reply by BrendaTx on 4/27/11 8:39pm
Msg #381544

Send the W9.

Only sign the contract after reading it and marking out everything you do not like.

Or, don't sign it. They are wrong to ask for it post-signing.