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Question

What are my rights if a big company in the U.S. (Georgia) hires an artist for work, puts them through months of labor with no pay involving several other people unpaid also? We signed an NDA but no contract specifically mentioning the work I did being theirs. Also I wrote, designed, drew and colored absolutely everything down to the whole plot, will that still be owned by me? And can I sue the company for not paying me for the work I did for them? What are my rights?

Submitted: 376 days and 9 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING EXPERT REPLY
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Georgia

Already Tried:
I have called, emailed and make conference calls for them to pay myself and the other several people I know personally for the money they owe. They do not respond for long periods then when they do, it's always to remind them of the last conversation we had and asking me what they owe again. The company is called Dabel Brothers and this affiliation began early 2007 in mid March when they were still a branch of Marvel Comics. I did work for them at the very beginning which they paid me for. Afterwards they asked me to work on a original project which I agreed to. They had a very very basic idea of what they wanted with only the title of the book they made. I created the story plot, all of the characters and names of everything in the story, the art all done by me, including the inking and coloring jobs. I even did the logo for the book.

Shortly after I asked for assistance, they allowed for me to recruit other artists on my team to start the project. I involved several of my freinds from animation to come in. There were a couple of artists, inkers and editor and web designer roles in the involvement of the project. They had myself and all the members sign a non-disclosure agreement. We worked throughout 3/4 of the summer with this company and I asked for a contract for the job. I told them I would review it and get back to them, but after I did I needed it to be revised by them. They stalled and eventually I made it clear that if I didn't start getting paid for the work along witht he others I was discontinuing the project. They did nothing to fix the issue, however they said they would make 'an effort' to pay all of us and they began to ask for the work we did as proof so that they could write it off and pay us. They began eliminating what they claimed to be work that was not complete and evaluated the rest.

Months on top of months passed and there was no progress. As result of this issue I was without money for months and eventually evicted from my home.

Answer

HELLO, you state that you have not signed an agreement, therefore if you are a regular employee paid for all hours worked, then you should file a complaint with the US labor dept/wage division. You may also file a claim with the Georgia State Labor Dept. But feel you will have better success with the US labor Dept. The complaint can be taken over the phone.

If you have no prior agreement and you are being paid for all hours worked then you should file the complaint with dates and times you worked but was not paid. Sue you can sue the company.You can sue in Small Claim Court if the amount is below $15,000.00. You can file in Small Claim yourself.

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Expert: Faye Lee
Pos. Feedback: 99.7 %
Accepts: 
Answered: 11/13/2008

Lawyer

Have 30 years experience in labor/employment law.

375 days and 8 hours ago.

Reply

Hello Faye Lee,

Thank you for your informative answer I am grateful for your help!

One quick question, which of the US labor Dept should I call, that can be called from canada. Sometimes I find that they will not allow Canadian citizens to make a call to the US for certain offices and lines. IF you could help me on that small matter that would be so much help! Thanks again for your assistance!

Jeremy

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