I got an email a couple weeks ago requesting help from you all, and debated on how to deal with it since we normally only fundraise for pets and candidates, but it sounds like our fellow commenter got really screwed and maybe we could help:
Hi fellow Juicers
I work as a freelance editor on large projects; training programs, continuing education systems and the like. I worked a 6 month project ending in December. Contract has strong NDAs and work exclusivity. Completed my work on time and sent in in. then BOOM; no response, no payment, no work release allowing to accept new work. Nothing. Hired an attorney and entered pre-trial litigation After extended pre-litigation filings, we have been pushed into an arbitration proceeding using the arb service they contract with. I need to pay my attorney addition fees to file arbitration. This is a massive case (over 41M at stake) and I am a very small fish in this ocean. I already put up $8000 litigating this case. This arbitration proceeding is being used not to resolve the case but drive smaller litigants from the case and thus losing their case by draining them of funds and running through their retainer, while remaining trapped in the contract..I need a total of $6000 ($4000 for initial arbitration filing and $2000 for response). It’s billed at $400/hr and includes $800 filing fee.If this runs on BJ I will pay it forward to the “Walter Fund”. I am precluded by the exclusivity clause from any W-2 or 1099 work until the arbitrator releases me; hence my funds deficit.. I will be released as soon as arbitration filing is accepted. I’m an honest person, I will pay this forward win or lose the litigation. I’ve been a longtime Juicer (2003) mostly an amused lurker who reads everyone’s pet stories 20 times over. Now I need some of my Juicer compadres to slip a ten or twenty into the hat when it passed. Thanks so much..
Planetpundit
When he refers to the Walter fund, he means he will basically just reimburse the website whatever we chip in and send a check to Anne Laurie to deposit and (Anne Laurie told me to pound sand she doesn’t do accounting so I will deal with it or find someone willing) use for emergency pet issues or crises that affect readers who may need a hand. At any rate, I am not a lawyer, but this sounds like something a company would do, and while I am super cautious with what I ask of all of you, I thought I would pass it along and let you all use your own judgment.
Here’s the link.
Anne Laurie
Minor revison: I *do not* handle checks or other forms of financial transfer for the various blegs! Anyone wants to send funds through the blog, I’ve always asked the recipicients to set up a PayPal account, or to give me an email address I can share with the potential donors.
Apart from that, PlanetPundit sounds like someone who deserves a little help — and he’s got his link already set up for us…
Mary G
I was trying to become an editor after I had to leave my corporate cubicle, but a bad flare up put my hands in such rotten shape I had to give it up. I still hear a lot of horror stories from friends, though and the other party sounds like Twitler, so I put in my mite.
la caterina (Mrs Johannes)
Yeah, arbitration is one infuriating way big companies screw the little guy all the time. I’m in.
Shell
What would happen if he did take on other W-2 or 1099 work? Sounds like his former client is more interested in screwing him out of the money of that past project.
Baud
@la caterina (Mrs Johannes):
FWIW, the 2016 Dem platform.
Baud
@Baud: block quote fail.
MazeDancer
As a self-employed person, I stand in deep sympathy at the horror you are experiencing, Planetpundit. May you be free of these monsters soon.
Pogonip
Wow. I am amazed that they can keep him from moving onto another job! I am only familiar with arbitration as used against the peasantry, e.g. you have to go to arbitration rather than sue the bastards when the widget they sold you slices your finger off. Is what they did to this person common?
Roger Moore
We’re awfully close to Libertarian paradise, where the remedy for all wrongs is a lawsuit, but it’s practically impossible for an ordinary person to sue a corporation because of forced arbitration clauses and and rules effectively eliminating class action suits.
Miss Bianca
Oh my God, this sounds horrible. Looking at finances to see if I can throw in a few bucks.
satby
I’m in too. Using arbitration to impoverish a legal opponent is what my ex tried to do to me, and what corporations do all the time. It’s a bully’s gambit.
dexwood
Forced arbitration is fucking evil. Always balanced against the so-called little person. Will be in for a bit tomorrow.
John
I’m a freelancer/consultant as well.
This is ridiculous and this commenter is naive or something else is going in if he or she believes he can’t work. Noncompetes such as you describe are completely nonenforceable. They can’t prevent you from earning a living in your profession unless they provide appropriate compensation.
Go ahead and move on to your next project. If they try to enforce it (which they won’t) sue their asses.
Pogonip
@John: I’ m glad to learn that!
Another Scott
Add my voice to those yelling that forced arbitration is evil. Fundamental rights, like EQUAL JUSTICE UNDER LAW, should never be at the whim of whoever writes a contract.
I’m in. Good luck, Planetpundit!
Cheers,
Scott.
Steeplejack
I’m in for a few bucks. Just got my massive Social Security deposit yesterday, so I’m riding high. I’ll skip the surf ’n’ turf at the country club tonight and just have a modest filet.
I was very fortunate in my 20-year career as a software consultant/contractor to have very few clients that stiffed me, but the sting never really goes away. The most memorable was a guy who ran (what turned out to be) a dodgy real-estate company and literally disappeared overnight—stiffing everybody! Customers, creditors, his office staff, even (allegedly) his wife. Although a year later she moved from Atlanta to somewhere in Colorado and was extremely reticent about her whereabouts, even with longtime friends. Hmm . . .
Anyway, the guy owed me only $800, but those were ’80s dollars, damn it, and when you’re freelance there are no dollars that are “only.” End of story.
Hope Planetpundit has a good outcome.
Smedley Darlington Prunebanks (formerly Mumphrey, et al.)
Jeez, who was it you were working for, Donald Tяump? Sounds like the kind of shit he pulls. As soon as I can get our children to bed, I’ll chip in with something.
Mary G
Non-compete and non-disclosure clauses are evil, as is forced arbitration.
Gravie
I’m a former free-lancer and this kind of thing makes my blood boil. Seems like the business world is chock-full of Mr. Potters these days. I’ve chipped in.
recurvata
IANAL, but I don’t see how they can prevent you from working. You had a contract with them, and they broke it. The contract is void.
Steeplejack
GoFundMe question:
I have given to a few campaigns lately, and this time I agreed to have GoFundMe “save my information” for future occasions. Is this going to come back and bite me in the ass?
It wasn’t clear whether that included my credit-card information. I guess I’ll find out the next time I donate. Anybody have any experience with or advice on this?
John
@recurvata: Yes. I’m sorry but this is highly suspicious.
Pogonip
@John: On the other hand, we don’t know how much justice the requestor can afford.
MisterForkbeard
Well, that sucks. I’m in for $50.
This is potentially suspicious, but I can afford it. And the potential upside is worth it.
BellyCat
To be fair, arbitration is not always evil since it may — in the case of professional specialization — actually favor the “little guy”.
I’ve had the good (mis)fortune to be the litigant in both arbitration (not paid by wealthy clients) and civil litigation (with a gianormously wealthy party & too complex to get into details).
Arbitration — at its best — can be affordable and expedient, involving experts in one’s field. Litigation is none of the above.
IANAL, but if you want to win (and I’ve not lost any of these cases) regardless of venue, document EVERYTHING in excruciating detail and be dispassionate.
And, agreed with those who suggest that you should keep working. Nobody owns you. Especially those who default.
Rand Careaga
In for $50.
Another Scott
@John: Eh? Planetpundit / Sir Laffs-a-Lot has been around here for years (since at least 2014). Just because something is obvious from a logical reading of the text doesn’t mean that there aren’t legal issues in unilaterally deciding the agreement is void. Especially when one’s livelihood is at stake.
tl;dr – You’re not there, you don’t know the details, there’s nothing at all to indicate this is suspicious, so don’t throw stones.
Cheers,
Scott.
mvr
@John: @Another Scott: Actually the law on noncompetes varies from state to state, so blanket statements are unlikely to be true across the board.
Pogonip
@BellyCat: You bring up some interesting points about arbitration, thanks.!
Brickley Paiste
Wait a minute here …
There is 41 million dollars at stake on a 6 month contract? For a editor? What?
And attorney is handling it on an hourly basis and not a contingency?
And the 6 month contract ended in December and it’s now July yet poster believes s/he cannot return to work without a “release to work”? The whole scenario makes no sense. Non-compete clauses can be enforced under certain circumstances but a categorical ban on employment after the contract ends absent consent from the employer? No. No. No. And, the employer enforcing those terms while simultaneously not performing under the contract? Again, no, that’s not the way this stuff works.
PlanetPundit – assuming you haven’t left anything out of your description of this matter – your first order of business should be finding a new attorney because you are not accurately being apprised of your options here.
Pogonip
@Brickley Paiste: Glad to hear that is not normally the way this stuff works.
Matt Smith
I’m in. Always sorry to hear about shit like this. Good luck, PlanetPundit!
DanR
No doubt this person got screwed, but the contract is void, so F the work release. That part of this story smells like BS to me and makes me suspect the rest of it. Move on and work all you want. Count your losses.
25 year freelancer here. I was shafted once for about $30K. Could have been worse, but I was tipped off that the place was about to go bankrupt. Lesson learned–don’t work for more [days/weeks/months] than agreed without compensation.
Planetpundit
Fellow Juicers:
About my GoFundMe appeal.
My heartfelt thanks to everyone who contributed. Truly you are wonderfully generous.
A further explanation regards this situation.
This is real and they have me legally bound and gagged.
This is a large project integrating training and certification protocols, a huge web/internet piece and series of continuing education programs. I was a very small piece of this project. Basically the guy who follows the parade cleaning up after the elephants. My compensation is maybe 2% of the total. The big money was in the media/web ned of this. The nonprofit running this monster crashed and burned after the Trump Admin cut out a swath of grants, including their’s. So they are stalling trying to force the smaller contractors to just walk away and force the bigger contractors to except a massive writedown. They are using us small fry as leverage on the big fish. Why they are draining us of our retainers. Preventing us from workinfish to settle to free us and allow a settlement is their big stick to beat us.
The Contract (12 pages small type) specified we cannot work until they release us.That was interpreted by me as “when you submitted your work and we verified it is correct and complete”. However the Contract states flatly until they release me.I have to submit 1099 and W-2 filing (including my quarterly tax filings) and they also monitor our social media to verify Exclusivity and NDA compliance. Which is why I didn’t post this appeal on FB or Twitter. They want us to force the big fish to settle (reportedly 10-20%). I have been advice NOT to violate it as they will immediately seek legal relief which could easily cost me $10,000 to fight. As to suing them over the Exclusivity, I can do so once arbitration is over (I am precluded from litigating any element of the contract until arbitration is issued it’s findings) however as so as I am IN arbitration I am released. So I have to arbitrate before anything else and doing so essentially ends my legal costs for this case. I signed a bad contract naively and am on the verge of getting out of it.However once I file arbitration the Exclusivity clause is nullified permanently so I can openly seek work. Also, arbitration is a 90 day cycle (win or lose) and I will be reimbursed for all legal costs for filing. Which I will promptly refund to John plus a further contribution over and above it. This I will do when I resume working regardless of the arbitration outcome. I can certainly do so within 3-5 months after i resume work (I work hard and live cheap).
When I hired my attorney, I sought out the one with the most experience and best record in this specialized sort of legal work and both myself and my attorney expected to last 2-3 monts. A basic contract resolution/arbitration case. He no longer works on contingency. Had I understood the future ramifications of this, I would have chosen otherwise. However I never DREAMED of such an abusive arbitration process and I am contractually obligated to accept arbitration (they filed and it is “their” arbitration service).
I strongly preferred not to go the go the crowd funding route and I understand completely the concerns expressed. However I am out of options and am under a deadline on the arbitration funding.
So if could lend a hand, I’d be forever grateful.
joel hanes
1. I’m in.
2. If you’re going to continue in this line of work, move to California where noncompetes are unenforceable.
3. If you ever get out of this, I REALLY want to know which non-profit is doing this to you.
middlelee
I’m in for $50.
eemom
Good people and their money are easily parted.
A noncompetition agreement is one thing, and there are indeed differences among state laws in how those are enforced. Even where they are enforceable, though, they need to be limited as to space and time.
But what is being claimed here isn’t even that, and there is no way in HELL any court anywhere would enforce a purported agreement not to work at all at someone else’s mercy. Involuntary servitude, anybody? As others have said, you get another job. If they tried to stop you, which they won’t, they’d be laughed out of court.
eta: And arbitration clauses, no matter how lamentable, have jack shit to do with this particular point. Arbitrators can enforce nothing without a court order.
Another Scott
@eemom: Um, did you read #34?
:-/
Cheers,
Scott.
eemom
@Another Scott:
Yes, and I stand by what I said. If I had all night I’d explain why none of it makes sense, though the “can’t work” lie seems like enough to me.
But hey, since you disagree, by all means, go kick in some more $10s and $20s.
Chacal Charles Calthrop
NY licensed attorney here, whose specialty is real estate not business contracts, and remember that free advice is worth what you pay for it.
However, two things jump out at me: first, if that contract required you to agree to arbitration as a condition of signing it, you never should have been in court in the first place so your current attorney should not be charging you for litigating, and I think it’s possible that you’re getting ripped off.
Second, please note that you were told not to try to work because then your opponents “will immediately seek legal relief,” which is, in fact, not true BECAUSE HELLO THEY PUT AN ARBITRATiON CLAUSE in their contract which means both parties selected a forum other than the courts which means arbitration binds your opponent as well as you. So they have already contractually agreed not to sue you so you can work and they are blowing smoke to force you to settle.
Since it is the weekend, I am happy to read your contract for free (most of those twelve pages are generic boilerplate). Ask the front pagers to release my email to you.
Does your go fund me page link to your legal papers? Let me check…