Work Issue

Mar 02, 2021

Sharon Mandel
By Sharon Mandel

here goes. I honestly don't know if this is appropriate for this board but was recruited two weeks ago to do a six week contract for a client through XXX Consultants. Last week I worked for them. During the week I repeatedly asked them if the work was ok and they said yes. I asked if it was proceeding on schedule and they said yes. This morning I heard they called the work sub-standard and were concerned that I participated in a Zoom meeting while sitting on my sofa. I do so because my work chair is an adapted chair which puts my head in a laid back position and not appropriate for a Zoom conference. So they complained because my disability seemed to concern them but they wouldn't say so. They now say the work is unusable and they won't pay. Never happened to me before. This was a large corporation and I've definitely worked successfully in that sector before. Any thoughts? 

9 Replies
Sharon Mandel
3 years ago03/03/21 at 5:34 pm (UTC)

Thank you for that thoughtful reply. Here is what I know: 
1. At no time did the client state to me directly that my work sub-standard or unsatisfactory. In fact, they stated the opposite. 
2. At no time would the client allow me access to their image database in order to thoroughly do the work even though I had signed an NDA. 
3. The client verbally disparaged me to the Recruiter and therefore insulted me as a person with a disability regarding 'seating choices' during the Zoom meeting. Although they did not state this as reason for ending the contract, they complained about 'unprofessional behaviour' as a result of where I chose to sit during Zoom conferences. 
4. The contract states: It is expressly understood that Contractor bears therisk of non-payment by the client for its services and that the client controls the payments of consultingfees to Contractor. In the event of such non-payment by the client due to unsatisfactory work product,Clarity shall have no liability to Contractor. 
In my opinion this gives them an "out" if they don't like the work, but as I said, I was never told this directly. 
Trying to find a lawyer who can help in Toronto. 
Thanks all,Ilanna

Liz Victoria
3 years ago03/04/21 at 1:17 am (UTC)

I'm so sorry you are dealing with this situation. If I may, I'd suggest prioritizing getting paid for the week of work you performed. Submit an invoice (or use whatever process the consulting agency uses for time sheets).

If either Big Corp or XXX Consultants push back, submit the documentation per Matthew's point #2, reinforce that you will be looking for payment for that week of work by x-date.

If they push back AGAIN, you can advise them that you'll consult with an attorney.

At that point, Big Corp will perhaps realize it costs less to pay you what you're owed than to spend time fighting it; or XXX Consultants may decide to cover the cost to preserve their relationship with Big Corp. In any event, you should not be the one taking the financial hit in this scenario. Bad business processes on their part is a "them" problem, not a "you" problem.  Hang in there.

 

 

 

 

 

Liz Victoria
3 years ago03/04/21 at 10:06 pm (UTC)

To resolve the non-payment issue only, one approach would be:

Find an attorney who can review the contract to determine whether the non-payment clause is valid, and what remedies are available to me. They would also advise me on the costs of pursuing a remedy: time, money, stress, uncertainty, and the possibility of not prevailing even if the facts and law are on my side.

I would want to find someone whose practice focuses on business/labor law, specific to where I live and work, and specific to the type of business I operate (sole proprietor, e.g.).

I would be prepared to pay for this consult, and treat it as an investment in my future business, and as an opportunity to learn, and to possibly build a client/attorney relationship for future business needs (for example, having them review contracts in advance, and advise me on how to protect my business in other ways).

 

 

 

 

 

Sharon Mandel
3 years ago03/09/21 at 7:02 pm (UTC)

I have followed all of your advice and it's been indeed helpful. Here's a quick synopsis: 

1. Lawyer believes I have a case esp. on the disability issue - a small fee is involved but from then on they work on a contingency basis. They do take 30% however. Is that typical?

2. I contacted a well-known disability rights group. They did nothing. I guess it's small potatoes to them. I was very disappointed in them. 

3. I will proceed with the lawyer and he comes highly recommended, and I believe he'll work well on my behalf. 

Thanks and will update you when I have something substantive to offer. Much appreciated.

Sharon Mandel
3 years ago03/13/21 at 6:59 pm (UTC)

Thanks, Matthew, that is so kind of you. All I can do now is work w/ the lawyer and trust in the process. I think I've posted that his firm came highly recommended - twicer They were very nice on the phone and completely thorough. I was also very disappointed in the agency's response. I expect better from them. Frankly, they haven't trained their staff very well in my opinion. But, who am I to say? Ha! As someone who's been a disability rights advocate for 40 years I had hoped we would have progressed further by now. I will def. keep the community posted. Thanks again1

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