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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 112765
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I recently freelanced for a company for one week at an agreed

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I recently freelanced for a company for one week at an agreed upon hourly rate of $75.00. The owner freaked when he had to write a check for over $2,800. He said that he had made a mistake and if I cash the check, don't worry about coming back. He also asked if I can restructure the hourly rate. My counter was to work for free for a couple of days (to help offset the $75 hourly rate) and then freelance moving forward at $50 an hour. He thanked me for "moving in the right direction" and would prefer me giving back the $2,800 check, he will re-issue another. My concern is that if I return the check, he will re-issue another for a lower amount and then not contract me as a freelancer in the future. If this happens, I would end up letting him re-negotiate the week I worked at the agreed (via email) upon $75 hourly rate. My question is should I go ahead and cash the $2,800 check knowing that he won't contract me again, knowing that he may not contract me again if I return the check and receive another for a smaller amount as well?
Submitted: 4 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 years ago.
If you already distrust this guy regarding what is going on, then you need to trust your gut instinct because exactly what you suspect is going to happen is likely to happen. You can tell him that you will not return the check without a written contract in hand from him regarding the new deal (Not an email, but a contract signed by him) since you cannot trust him to honor the deals he makes based on him backing out of the first deal. If you return the check to him then he either writes you a much lower check than agreed and never calls you back or even worse writes no other check and keeps stringing you along and you have to end up suing him in court.


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