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Barrister
Barrister, Attorney
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Need help w/ small claims case against LLC company which published

Resolved Question:

Need help w/ small claims case against LLC company which published my work then reneged on payment price.

I have email confirmation of pay scale from Managing Editor, who reviewed my clips and hired me as a freelancer for a local, upscale magazine plus website. I worked with the ME closely for several months, on stories both assigned by him and self-generated.

The publication missed several launch dates; eventually, they got the website launched. The ME told me to submit my invoice to the publisher (who is listed as president of the LLC).

Eleven of my stories and one photo were published on the company website. I sent in two additional story/photo/video packages, which were reviewed and approved by the ME, plus I had some interview time in with a source.

My invoice was returned by the ME, who emailed me back and said he had a meeting with the publisher, who 'decided to go in a different direction' and suggested I resubmit the invoice for about half of the agreed on price for the 11 published stories.

To date I have sent four invoices for the agreed-on amount; all invoices have been completely ignored.

My questions: Should I name both the ME and the publisher in the suit? Should I also sue for a 'kill fee' for work done on assigned but unpublished stories?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Should I name both the ME and the publisher in the suit? Should I also sue for a 'kill fee' for work done on assigned but unpublished stories?
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If the ME was the one who actually hired you, but the publisher is listed as the president of the company and the ME is just an employee, then yes, I would name both as defendants in the suit and let them sort out who is responsible. Technically if the ME was acting as an agent for the company, then it would be the company the would be liable to you for payment, not the ME directly. But it doesn't hurt to name them both as it will sometimes scare them and put pressure on them to just go ahead and pay you rather than be dragged into court to lose.
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And yes, I would sue for any work that you have done on their behalf or direction, whether it has been published or not. If you have performed at their direction, then you are entitled to be compensated, whether they use your work product or not.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Barrister, Attorney
Category: Legal
Satisfied Customers: 24238
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 8 other Legal Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister

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