This is not a post about whether you should be in freelancing or stick with full-time work. This is a post about how to tell if your client is paying for a contractor but expecting an employee. I’ve had it happen to me a few times. My guess is so have you. Here’s what your clients can or cannot expect of you, the freelancer:
Clients cannot expect constant connectivity unless you’ve agreed and been compensated for it. On a few client projects, I’ve been told I have to be available from “9 to 9”, by instant message, Skype, cell phone, and I must be able to respond instantly. That’s not a freelance job, folks – that’s serfdom. No thank you. If you agree to such nonsense, make sure the payment matches the inconvenience of taking a lengthy call during your daughter’s ballet recital or your son’s wedding. Or better yet, don’t.
Clients paying hourly can expect you to provide time tracking for their projects. I volunteer this for my clients paying hourly. It’s one more layer of accountability I can give to them. When I’m working on large projects, I will insist on tracking time. It protects their investment and helps me to better allocate my hours in future projects.
Clients do not need visual proof of your attention to their projects. Strange as this sounds, a few freelancers I know have had clients watch them via their computer screens to make sure they’re working on their projects and to track their time spent on each project. Let’s forget about the Big Brother implications here and focus on what’s important – you are NOT, repeat NOT a full-time employee. If you complete your client’s project on time and within that project’s scope, that should be enough. Any client unwilling to trust you to get the job done is not worth your time and effort. And to watch anyone, employee or not, that closely is just creepy.
Clients can expect you to meet deadlines. Yes, you’re free to set your own hours and your own working conditions. But if you’ve agreed to a deadline, you’d better meet it. Arguing after the fact that the deadline wasn’t realistic or that you had things get in the way is unprofessional and smacks of amateurism. Deadlines are your bread and butter. If you need an extension, don’t assume it – ask for it in advance. Well in advance.
Clients cannot demand exclusivity in all cases. Here’s where some of us freelancers will part ways. I’m of the very strong opinion that noncompete clauses for freelancers are impeding our right to earn a living, but that there are exceptions. For example, saying you can’t write for competing magazines is a ludicrous demand if the company making the demand is not willing to give you ongoing assignments as a result.
However, in some cases you may want to exclude yourself from working for competing companies to avoid any conflict of interest. I won’t work for competitors if the work I’m doing directly affects any of my clients’ interests. It’s rare such a situation presents itself, even within my specialty, but I have turned down clients for that reason.
For instance, I can write for two competing magazines since most magazines don’t share identical visions or slants. However, I will not work for Company B writing marketing pieces that depict my existing client Company A in any disparaging way. I’d much rather refer the job to someone else than call into question my integrity with my current clients.
While clients may agree to the initial rates/working conditions, they cannot change either arbitrarily. Oh, haven’t you had this happen before? You’re steaming along per usual on a client project when the client says, “Great work, but I’m not able to pay you per our agreement.” Tough beans, client. If that client agreed in writing to your rate, that client owes you that amount and nothing less. If the client wants to renegotiate future rates, fine. But no take-backs on the current rate. That’s something even an employer can’t do to an employee.
The same goes for clients changing the project scope. If you’re contracted to write a news release on the latest upheaval in the financial market and after you deliver it, your client decides he’d much rather have a release on the importance of estate planning, that’s a new project. You are owed for the first one. The second one is now up for negotiation on a new contract. Seriously, do not allow clients to change the parameters of your project and not pay you for another project. If you do, you set a dangerous precedent. Imagine writing six different releases on six different topics for one price because your client can’t decide what news is most important. Often, clients are used to working with staffers and changing things as they go. It’s up to you to educate them that each new idea requires a new contract.
Has any client crossed the line either on purpose or inadvertently? How did you handle it?
Great points, all of them.
Too many so-called freelancers forget that BOTH sides need to live up to the contract.
I have a clause in the contracts stating I am not available by phone or Skype or any of that crap. They want a quick response, they email me, and not an email saying, "Call me." I state clearly that when I am working, all phones are off and I am not to be interruped. I check for messages twice a day and return calls in a timely fashion, or, if it warrants, email the information needed from the call.
I HATE the phone, I wouldn't have one if I could possibly get away with it, and I won't have my concentration shattered by meaningless interruptions. 90% of the incoming client calls are unnecessary.
I also have a clause in the contract stating that if there's additional work or change of direction during the course of the project, that gets billed at a different rate.
I learned the hard way to put both of those in.
The big brother concept just irks me. I don't understand how a client could possibly get an accurate picture of what you're doing. I spend time jotting notes with paper and pencil and sometimes I go through ideas as I'm off doing something else (like a load of laundry)
Alot of my time is done using my brain to work out thoughts; they can't track that.Lord, if I were to allow them to track me like that, I would probably only get paid for the actual time typing the words, which isn't much compared to the time thinking the project through.
If you want quality work, don't look over my shoulder. That would prove to be a major distraction for me and I wouldn't be able to do it.
Great points, Wendy. I know I tend to do a lot of mental outlining well before I set finger to keyboard.
The irony is how much total dedication some clients expect of freelance employees, yet their full-time staff probably spends several billable hours per week (per person) chatting at the water cooler, taking personal calls, checking e-mail, or like one of my friends, IM-ing friends. (Seriously, I've had to tell her I can't "chat" because I have to finish my work before I get paid. And her salary is more than three times what I earn – not counting her benefits.)
When I started writing for one of my regular markets several years ago, I was told that if I were to nab an assignment from their top competitor I shouldn't expect more work from them. Yet I've seen editors bounce back and forth between the two publications a few times. Go figure. (I never really wanted to write for their competitor after it went through a bit of a scandal several years ago that tarnished its reputation quite a bit.)
Very interesting to read about some potential problems. Sheesh. Why don't they just "get it"? LOL
Lynnette Labelle
http://lynnettelabelle.blogspot.com
A timely post, as I just spotted a job post last night that expected way too much availability — you had to be available during the daytime, and you had to have a landline — presumably so that they could make sure you were home and working, because why else would it matter? Needless to say, I moved on — once I got done laughing at said job post.
But the not-so-funny reality is that I did have a client once who behaved like that. He started out very laid back, and then started making crazy requests, like that I talk to him on the phone on a Saturday about a project (even if I work on the weekends sometimes, I don't want to be taking client phone calls), and then finally that I stay logged in to AIM whenever I was on the computer so that he could check to see if I was on, and then get a hold of me right away. Needless to say, I finished the project and then refused any more.
Devon, like you, I won't get into Skype or IM. That's entirely too much instant connectivity for me. IT's bad enough living in a society that expects instant communication. I don't want upset clients because I decided to run to the bank at lunch and couldn't answer for an hour. From my experience, there is no real writing emergency. Nothing is that pressing that it can't wait until I'm out of the bathroom, you know?
Wendy, agreed. I have Project Timer to track any hourly stuff. Otherwise, if it's a per-project fee, my time is my business.
Paula, I've seen magazines do that same thing. Frankly, it's nonsense. If you don't want freelancers working for the competition, then come up with an agreement that guarantees them specific amounts of work to compensate for it. I know freelancers who have written for competing magazines using pen names. If the first magazine has turned down the idea, then there's no reason why a writer can't sell it elsewhere, INCLUDING the competition. If they want us to be loyal to them, either make us employees or make us a decent offer of ongoing work.
Lynette, good question. 🙂 I think some do get it, but they'd prefer to push the boundaries. Fine, but I'd prefer to push back. ;))
Same here, Katharine. I've had clients call at 7:30, 8:30 on a Friday night. My brain's turned off at that time, as is my computer. 🙂 One former client called me at 8:30 Saturday morning. Worse, he left a whining, accusatory message that was 4 minutes long on my machine. A) Thanks for waking up the entire house on a Saturday, B) don't think I didn't see that your whining was an attempt to get another free edit out of me thanks to your indecision, and C) don't expect a return call until I'm able to call. I'm available during business hours for everyone. I'm not available at odd hours on weekends when the rest of the world is sleeping.
I was always creeped out by the thought of someone watching me. That's just too much for me. And I'd stress to the max if I had to be available via IM all the time – I don't even like IM! LOL
Thanks for writing about this, Lori. I hope everyone takes your advice. 😀
Hugs,
Michele
Good seeing you, Michele. I miss our interactions. Hope all is well in raw juices! :))
Fortunately, the magazine I write for that doesn't want their writers writing for the competition isn't one that I send ideas to, so I'm not losing potential sales of my brilliant ideas. LOL. My editors farm out assignments based on their ideas and the publication's needs.
Hey, Lori! Good seeing you, too. I've been SUCH a "bad" blog reader/commenter. LOL Sorry about that. I'm not commenting much these days – although I still read as much as I can (silently). 😉
Yes, the raw juice world is fantabulous! I am blessed.
Hugs,
Michele
Ugh. Don't get me started on the big brother issue. Odesk is the primary culprit. I had it out with one of their developers or whoever he was on my blog recently, after they pulled another stunt (saying they were insuring freelancers, when they're really turning them into W-2 employees). http://allfreelancewriting.com/2009/12/16/freelance-writing-jobs/writers-markets/just-one-more-reason-to-hate-odesk/
I'm another one who generally won't take calls, and absolutely will not do business over IM services. Most serious clients get it — they wouldn't want you answering calls when you're working on their writing, so they don't mind dropping you an email. I have a few end clients (through middle men clients) who always want a quick chat. I try to oblige, but only when I can squeeze it in and if it fits into my work schedule (which isn't a typical 9-5). There's never really a need for it. Everything they want to "chat" about could be handled much quicker via email.
I was discussing the whole employer / client issue with a colleague not too long ago, and another issue that comes up is sub-contracting. It's important to note that you're always allowed to sub-contract your work unless you sign a contract agreeing to do everything personally. Even though I don't sub-contract, I'd never sign a contract refusing me the right to do so.
I think a part of the problem is that a lot of people out there forget that freelancers are business owners — not just some John / Jane Doe sitting around to fulfill their every need on a whim.