Legal Advice - Clients Refusing to Pay for Extra Time Spent

Zondor on 07/12/2016 - 09:55
Last edited 07/12/2016 - 09:55

Hello,

I am a wedding DJ and have recently run into a predicament. My agency provided me a wedding gig, They essentially provide DJ's to people for their functions and take a cut, they also set the rate and collect the payment on my behalf for the client.

The time originally specified was from 6.30PM until 11.30PM for $400. However towards the end, the bride approached me and said "Can you keep playing until we tell you to stop? We will pay extra".

I ended up playing until 3.30AM before going to the bride & groom and asking if I could pack up as I still had to get home, they agreed and said I did a good job. Arrived home at 5.30AM and let my agency know of the extra hours. (They said they would charge them an extra $200)

Fast forward until payment (usually 2 weeks after). My agency tell me "they said that there were some issues on the night and that they were not happy to pay extra".

The only 3 complications where the following:

  1. Wireless mic ate an entire battery in an hour, gave up just before the end of one of the speeches. The Bridal party member just spoke with a loud voice and all was well.

  2. They changed the bridal party entry order without telling me so they had to re-shuffle abit when they came in back to the old order.

  3. There was supposed to be someone else from the family MC'ing after the entry, however they didn't come to obtain the microphone until half way through the night. I provided a basic MC service until this happened.

However I do not believe that any of these faults are big enough to warrant refusing to pay extra for what was ALOT of extra labor.

Feeling pretty gutted as why would they even get me to play for extra time if they weren't happy with my services. I haven't had anyone skimp on payments before.

I have the bride and grooms name as well as a contact number and email. Is it possible to issue a letter of demand given the above situation?

Education & Work

Comments

  • trex on 07/12/2016 - 10:09
    +3

    If I was in your shoes, I will still try to claim for the extra hours but I would also offer a discount for the issues encountered especially the issue with the microphone's battery.

    I think for now you should just send them a nice email explaining the issue, offer an apology where necessary and reiterate that your extra hours were specifically requested for on that night by so and so. Failing which if they do not respond or react in bad faith then you could escalate it with a letter of demand.

  • MelbEng on 07/12/2016 - 10:10
    +11

    I would be demanding that the agency chase the couple up for the extra money as that is what you are paying them for.

    • Seraphin7 on 08/12/2016 - 10:01
      +1

      Exactly. What is this agency actually doing here other than paraphrasing emails backward and forward?

  • loulou1 on 07/12/2016 - 10:10
    +1

    The first issue, it happens.
    The second issue, lack of communication on their part does not reflect on you.
    Third issue, once again, lack of communication on their part does not reflect on you.
    These issues obviously occurred prior to the bride stating she would pay you extra for staying longer. She now can't come back and say she isn't paying due to those issues, when she already knew about them prior to saying she would pay more.
    I don't have advice because I am not a lawyer etc, but it is a pretty low act to not pay someone when you have agreed to.

    • godofpizza on 07/12/2016 - 10:30
      +2

      esp on you wedding night.. ripping off the help.

      Did the bride ever mention that they weren't happy with the service during the event? why would they ask for you to stay back if they're were happy?

      the agency should be the one to claiming the payments, that's why their taking their cut. I don't what your rates are but it looks like you worked an extra 4 hours for 200$ which doesn't sound right esp if it really late into the night.

      • Zondor on 07/12/2016 - 10:40

        When I asked to pack up as it was late(3.30AM) and I had to drive home, they said they were very happy with what I'd done.

        I'm chasing them up now, but I'm wondering if I can handle it directly also.

        • poboy on 07/12/2016 - 20:31

          If you handle it directly, does your agency still get a cut? If so, they should be following up. Check your contract.

  • slow on 07/12/2016 - 10:36

    This used to really irk me when I was in the service industry. You finish a job, customer is happy, says thanks etc etc etc, hugs all round.
    Then months later when you are still chasing them for payment they suddenly decide they were not happy and come up with some trivial reason why they shouldn't pay.

    The fact they they engaged you to do extra is separate to the issue of supposedly not being happy with the original service, and I would chase the agency for full payment. If they were unhappy and no intending to pay they should not have engaged you to do more. Anyway, $200 sounds to me like they got a bargain.

    People try all sorts of dodginesss to get out of paying for stuff

    • Zondor on 07/12/2016 - 10:47

      Overall $600 for 9 hours of DJ'ing when I'm bringing 6k of equipment and spending 2 hours ontop of that setting up and an hour packing up (total 12 hours labor) seems like a good deal to me.

      Apparently not to everyone though.

      The sucky thing is now I have a mark on my record with this agency, I've always had good feedback. Hopefully they see my side of the story and realize what is happening.

      • Davo1111 on 07/12/2016 - 11:16

        why are you negotiating so quickly? you were asked to work 3 hours overtime, and did so without complaint. You should be paid for those hours.

      • slow on 07/12/2016 - 11:27

        Some people are just difficult. One former work colleague idiot renovated his house and bragged that he got good prices for everything by waiting until the jobs were done and then not paying and complaining until he got a cost reduction.

  • Davo1111 on 07/12/2016 - 10:49
    +3

    My agency provided me a wedding gig

    Not your problem. Charge them the hours you worked, end of.

  • dasher86 on 07/12/2016 - 10:52

    always exhaust all feasible alternatives before seeking legal advise.

  • mskeggs on 07/12/2016 - 10:54

    They owe you the money.
    You need to get the agency to chase again, and hector and badger the agency for payment.
    If they completely fail, then chase the couple yourself.
    It is completely unreasonable to ask for extra work and not pay for it.

  • Janko on 07/12/2016 - 11:27

    Are you sure the bride and groom didn't pay extra? Agency could be lying.

    • Zondor on 07/12/2016 - 11:33

      They are very reputable and I've been with them for ages.

  • [Deactivated] on 07/12/2016 - 11:27

    Complex issue as the clients will be broke and looking to scrimp on costs after the fact/fun. You do have a case but pursuing it can be time consuming and costly.

    We live in a world of cheap cameras these days, so maybe get the verbal contract on camera? Even footage of them thankng you at the end of the night might shame them into paying more quickly.

  • PVA on 07/12/2016 - 11:29

    Maybe go directly to the bride, explain the company isn't paying and if the pay $100 you'll call it even. Not the full amount but better than zero.

  • Diji1 on 07/12/2016 - 11:29
    -6

    Screw lawyers, I get my legal advice from random people on Ozbargain!

    • Zondor on 07/12/2016 - 11:33
      +1

      Would cost me more than I would gain.

    • [Deactivated] on 07/12/2016 - 11:41
      +1

      Lawyers are pretty lazy and self serving and wrong a lot of the time. Internet advice should be taken with three grains of salt, but representing yourself can and does work. I had a land dispute, my neighbour relied on lawyers, conveyancers and surveyors. None of them communicated and their combined understanding of maths was atrocious. I cared about my own finances and property, studied plans in my spare time and most importantly cared. My neighbour paid a fortune to incompetants who, in my view, were conflicted by not wanting to admit earlier mistakes they had made. Anyhow, lawyers are frequently overestimated. The lawyer I beat couldn't even write emails, I could tell from the transcripted style, so I sent my communication timed for the transcribers days off to my advantage. They always send theirs on Friday afternoons anyway.

    • Davo1111 on 07/12/2016 - 12:19

      yep, legal advice over $200 sounds like a great plan

    • [Deactivated] on 07/12/2016 - 12:40

      Slater and Gordon lost $1 billion last financial year and had to restate it's previous year for inaccuracies. Trust lawyers!

      • poboy on 07/12/2016 - 20:52

        Ironically, in that case they overpaid!

  • Zondor on 07/12/2016 - 11:34
    +2

    Thanks guys, I'm talking to the agency owner next week about this issue and will try to have them collect the payment rather than me chase it myself.

    • Janko on 07/12/2016 - 12:17
      +5

      Send emails to the bride over the next year from different names saying, "Thanks for spoiling our wedding day - we wanted the DJ to stay an extra hour but he refused because you didn't pay him."

      • sky blu on 07/12/2016 - 13:13

        This! Sweetest revenge ever.

  • sky blu on 07/12/2016 - 13:21
    +3

    Good luck OP. We're sorry for your plight. Please keep us posted on how things end.

    Also not sure how good your relationship with the agency is but they don't seem to help you? Maybe you can offer your service to Ozb. Discounted rate or extras or whatever but sans agency (if that is allowed I'm just saying). I'm sure some of us would sooner or later be in the market for a DJ service.

    • Zondor on 07/12/2016 - 14:19
      +1

      I operate in SA and my general rate that I set for gigs is $500 for whatever time too/from (unless it's 3am lol). Pretty sure my agency charges 700-800 for me.

      This is pretty much half the price for the others around me, but I cater to the market that won't spend 1000 + on a DJ.

      il let you guys know what happens.

      • godofpizza on 08/12/2016 - 08:35
        +1

        should go into advertising yourself rather than let these agencies rip you off.
        if there's a problem you should be the one to deal with it rather than let the agency roll over in their flavor.

    • Zondor on 16/12/2016 - 16:16
      +1

      Status Update:

      User is on maternity leave and they are not replying to my emails. The only phone number I have for them is the work phone.

      My agency has however offered to pay me for my time so it's fine. Just really annoying.

      • sky blu on 16/12/2016 - 16:53

        My agency has however offered to pay me for my time

        Which is what any reasonable agency should have conducted, if your (contract rates with them) are reasonable and your work ethic/effort are on professional standards.

        Don't be annoyed. Just put it down as an experience. In the future you now know how to clearly lay things out. Keep up your work and any half-decent agency will do right just to keep a good working relationship (i.e. have your back). And you have us Ozbargainers to vent to :)

        Glad things worked out for you.

  • affable on 08/12/2016 - 08:10
    +3

    Next time, get cash from the person asking for you to stay on, on the spot or you walk. Cuts out the middleman and a whole lot of hassle. If your agent ever finds out, remind them of the problem you have at the moment.

    • Zondor on 08/12/2016 - 09:05
      +1

      Yep, Gona be pre-arranged or cash on the spot from now on.

      • Davo1111 on 08/12/2016 - 20:39

        Cash in advance.

        Keep in mind, your agency might get shitty with you doing so.

        You might also have issues when the event organisers say "we paid him everything on the night", and then the agency wants their cut, and doesnt want to pay you a cent.

        • Zondor on 08/12/2016 - 21:25

          My agency seems to just take a cut on the initial fee as like a "booking fee".

  • Gershom on 08/12/2016 - 08:54
    +1

    Go to your local biker gang and ask for two credit management consultants, aka Spike and Lefty.

  • bluesix on 08/12/2016 - 09:18

    What does it say in the contract regarding extra hours?

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