Words on the Page

Writers Worth: This Job, Not That Job

Posted on by lwidmer

What I’m listening to: Home by Edward Sharpe & the Magnetic Zeros There’s something about the waning days of summer — the school buses come back, clients ramp up stalled projects….and cheapskates come out of the woodwork to prey on desperate writers. Thanks to Jenn Mattern for sending over this week’s nominee for sh*ttiest job…

4 Questions to Help You Find Freelance Purpose

Posted on by lwidmer

What I’m listening to: Your Long Journey by Robert Plant and Alison Krauss It’s been a good start to the week. After a busy, enjoyable weekend, I sat down on Monday with just one project in front of me, but with a few client calls to prepare for. It was nice to have the luxury…

Free Advice Friday: Using Writing Contracts to Nail Down Projects

Posted on by lwidmer

What I’m reading: Strip Jack by Ian Rankin What’s on the iPod: Just Another by Pete Yorn Yesterday was a bit of a blur. I sat down to accomplish something. Well, I managed my marketing and a little editing on my poetry. Nothing more. There’s a fatigue running through me that can only be thyroid-related….

Worthy Advice: This Job, Not That Job

Posted on by lwidmer

What’s on the iPod: The Road to Home by Amy MacDonald (including Caledonia) I don’t need a calendar to tell me September is almost here. The clients are starting to call, email, and send projects. It’s going to be a busy fall, and I’m happy for it. I was looking for something else when the Craig’s…

When to Follow Writer Advice (and When to Go Your Own Way)

Posted on by lwidmer

What I’m reading: Strip Jack by Ian Rankin What’s on the iPod: Conductor by We Were Promised Jetpacks It was nice to get away. It wasn’t a long break — 4 days — but it was welcome. Saturday afternoon, we started the 7 1/2 hour ride. It’s always made longer because we stop at our…

7 Lousy Marketing Tactics

Posted on by lwidmer

What I’m hearing: Rain on a tin roof, a loon in the bay…. Today I’ll be waking up to the sounds of birds, frogs, and maybe some rain. The cottage I sleep in (there are two on my parents’ property) is a one-room place with a tin roof. There are no amenities beyond the four…

This Job, Not That Job

Posted on by lwidmer

What’s on the iPod: Nothing. I’m fishing. As I spend this week tormenting Canadian fish, I wanted to leave behind a few things for you all to discuss. And anytime I want a good laugh, I just head to Craig’s List and look at the job ads. That’s not to say all the ads suck,…

Free Advice Friday: To Contract or Not?

Posted on by lwidmer

What’s on the iPod: Rain King by Counting Crows Yesterday felt like Friday to me. That’s because today, I’m out of here. There’s a little river in the middle of Ontario where there are some fish and a few parents camped along the shores. I must go visit them all. I did manage three newsletter…

Finding More Writing Time

Posted on by lwidmer

What’s on the iPod: The Adventures of Rain Dance Maggie by Red Hot Chili Peppers It’s been a productive week so far. Monday was nonstop work.Tuesday I had to stop for a few phone interviews and a furniture delivery, plus I had to get out of this house before I suffered some serious cabin fever….

Marketing Monday: Removing Client Reservations

Posted on by lwidmer

What’s on the iPod: Don’t by Ed Sheeran Since I’ve been talking to a good many client prospects lately, I’m realizing that there are some pretty big obstacles we writers have to overcome. Just having a client interested doesn’t guarantee it’s going anywhere, as most of you know. Some writing clients get so close and…

Cathy Miller

I think options is a biggie for many clients or prospects. On a SlideShare presentation for choosing the right business writer, I call it dipping your toe in. Like you suggest, Lori, start small.

Without compromising your fee, there are plenty of ways to be flexible that still work for you.

For example, one client of mine sticks religiously to the same budget for ghostwritten blog posts. They have an annual max. As I raised my fee since starting, I simply adjusted the number of posts I do for them. This year has five fewer than the prior year. They still get posts monthly and stick to their budget. I receive my current compensation.

Gabriella F.

Morning.

Good info, as always. I have a somewhat different problem. A new client that's giving me pause.

Startup lending company that wants to populate its website with consumer content. Fine. Can do.

But it's making all of its vendors sign a 17-page master services agreement. I've negotiated many of the utterly inappropriate provisions out–like the one requiring me to have workers comp, liability insurance, and other insurance coverage.

But they won't budget on, get this, their right to audit me financially and their right to drug test me. Seriously?

I'm an independent contractor! You can't exert that level of control over me and still call me an IC!

One more that bothers me–I'm required to follow the Do-Not-Call Registry and CAN-Spam Act. Well, I don't have to by law, and as a person calling to arrange interviews with sources, that's just a dumb restriction. I told them that, but no bending.

Am I wrong, or would these be dealbreakers for you, too?

I'm at a loss. The editor's a nice guy, and he got some of these stricken. But the remaining ones are insane to me… Or am I insane?

Lori Widmer

Sounds like a perfect plan, Cathy. The amount is different, as is the number of posts. If they're fine with it, why not?

Gabriella, I don't think you're insane at all. That's the most bizarre agreement I've ever heard! You've done several things right, including getting rid of that stupid insurance clause, which I've never signed on for, either. And the things you're saying no to are exactly what I'd say no to, what any sane person would say no to. Drug testing? For someone who doesn't work for you? That's an invasion of privacy and none of their freaking business.

Eileen

I have done two small $100 sample projects for potential clients this summer during my big marketing push – not something I'd ordinarily do. But one had never used a freelancer before, and the other had just had an unsatisfactory experience with one. I wanted to remove all risk for them. (So far, no word back yet if it's turned into work.) And for another potential client who wanted a ghostwriter, I took the initiative and rewrote the first 3 pages when I submitted my proposal. I want my clients to feel as comfortable as possible with me, and this was an easy way to do it.

Eileen

Gabriella, those would sure be deal breakers for me, even if I were desperate for work. I had a web designer want to subcontract some work to me once … but his contract had a "non compete" clause in it that stipulated I could not do subcontract work for any other web designer anywhere. Needless to say, I did not work with him.

Lori Widmer

Eileen, that's a good way to get their attention! I like it.

I agree with you that a non-compete clause with such broad terms is too limiting and way too unrealistic.

Gabriella F.

Thanks, Eileen. Totally agree on the noncompete, too. Silly. And unenforceable, too!

Paula

That's a ridiculous contract, Gabriella. My first reaction would have been to say, "Um, I think you accidentally sent me the employment contract for your full-time staffers," and then maybe attach your own freelance contract.

If they don't budge, you're probably better off without them.

Lori Widmer

Paula, I think Gabriella can do one more thing. Write back and say "I'm glad to be part of the company! When do my health benefits and 401(k) kick in?"

They need to be sent a clear message — they're trying to control way too much.

Gabriella F.

I know, Lori! I'm trying actually writing the email right now expressing my discomfort, and I'm politely saying, in so many words, "Dude, the IRS uses the 'control' test to determine whether someone's an employee. Can't believe your legal team thinks it's wise to include these controlling provisions in an agreement with an IC." Sheesh!

Lori Widmer

How did you do with the note, Gabriella? I think I might say "I have to pass on this, and I think you need to reconsider requirements that so closely resemble an employer/employee relationship."

Their legal team, which I'm not thinking much of at the moment, ought to take notice of that.

Gabriella F.

I really liked the guy, and I really appreciated his efforts to get this as far as he did. So I thanked him personally, and then I even gave this blog community a shout-out. Here's what I said…

"I really do appreciate your efforts to make this agreement more compatible with an independent contractor/company relationship, and you’ve made great strides.

However, I’m still uncomfortable with the remaining provisions—the audit, zero tolerance, and DNC/Can-SPAM provisions. My primary objection is that the IRS uses the “control” test to determine whether a worker is an employee or independent contractor. The more control the company exerts over a worker, the more likely that person is to be considered an employee. I’m actually surprised the legal team thinks these provisions are wise to include in an agreement with independent contractors.

Anyway, I didn’t want to be too stubborn or unreasonable, so I ran this by a personal friend who’s been a successful writer for about 15 years. I also posted a request for input on a freelance writer’s blog I read each day. We’ve developed a nice, small community of people who write for a living (not as a hobby) and who share ideas/advice on the business of writing. Anyway, to a person, they all said those provisions would also be unacceptable to them.

If you think it would make a difference, I’m happy to send you a contract from another client or two (with their info redacted) that’s better suited to an independent contractor/company situation for your legal team to use as a baseline. Just let me know."

He said thanks and did ask for agreements, and I sent him two.

At least we've been professional.

Lori Widmer

Super handling of a tough situation, Gabriella. I'm sorry it's a no-go at this point, but who knows? You may have opened their eyes to a real risk they're exposing themselves to. If it were me, I'd be thanking you.

Paula

I think Gabriella just proved how extremely valuable she can be to that company as an independent contractor!

Jennifer Mattern

I love your idea of a how-to-work-with-a-writer guide. Do you post that on your website or do you provide it when prospects contact you?

Lori Widmer

Hear hear, Paula!

Jenn, I had it on my site at one point, but I just give it out to new clients when I feel it's going to help.

Gabriella F.

Thanks, Lori and Paula. I try not to burn bridges.

We've talked about this before. I've had potential clients walk away and then come back later asking to work with me, after all.

I have a feeling this guy will find too many writers will object, and he'll be back, too.

Maybe I'm wrong. Still, at least this way I have no regrets.

Lori Widmer

Great way to approach it, Gabriella. I can tell the whole situation has you exhausted and probably frustrated. Good for you for remaining cool throughout it all.