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Getting PAID, or, more correctly, NOT getting paid

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Feb 2, 2025 - 4:40:26 AM
62954 posts since 12/14/2005

Haven't gotten paid for our last two Elder Care gigs.

The Original Deal was that they were supposed to pay us after the shows.
One place said the Activities Manager wasn't there that day.... was off for surgery.

The other place said they'd mail us a check, as per Corporate policy.

How long should one wait, before whining about it?

Sure don't want to have to take them to Small Claims Court! What if they retaliate by telling all their pals in the Geezer Storage industry that we are a ROTTEN act, and should never be hired?

Feb 2, 2025 - 7:05:19 AM

42760 posts since 3/5/2008

Well...
The...BIG $..Yer gettin..is whackin thier wallet.. ;0)

Deal is a deal Mike..
Set your boundrys tight..
Same day pay is same day pay..
You can afford to fogive..but paid in..full.. same day on the next gig..

Feb 2, 2025 - 7:07:38 AM

42760 posts since 3/5/2008

Oh..30 day wait..is common..
Not good..but now you are in the beau"uck"racy..mode.. :0/

Feb 2, 2025 - 7:39:20 AM
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Owen

Canada

16680 posts since 6/5/2011
Online Now

... doesn't answer your question, but are there any of these guys around your neck of the woods looking for some additional work?

Heavy-handed Timmy – The Daily Haymaker

Feb 2, 2025 - 8:46:12 AM
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Dean T

USA

460 posts since 4/18/2024

We only let venues get away with it once. We’d write it off but never go back unpaid. However, if we would get invited back, we would remind them of what they owed us, up front, and we’d be happy to come back. This happened a number of times over the years, they usually apologized and paid up, and it all worked out ok.

Edited by - Dean T on 02/02/2025 09:00:26

Feb 2, 2025 - 8:50:44 AM
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8695 posts since 9/5/2006

just sayin,,, i know a guy

Feb 2, 2025 - 9:34:58 AM
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raybob

USA

14503 posts since 12/11/2003

Aretha Franklin used to demand payment up front, before the show, in cash (no money, no show). And she brought a purse with her to carry the money. And rather than leave the purse backstage when she was performing, she brought the purse on stage with her.

Sorry this happened to you. I personally hate having to quibble about things like this. It puts a bad taste in my mouth.

Feb 2, 2025 - 12:36:21 PM
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62954 posts since 12/14/2005

quote:
Originally posted by Owen

... doesn't answer your question, but are there any of these guys around your neck of the woods looking for some additional work?

Heavy-handed Timmy – The Daily Haymaker


Ah, yes! A traditionalist.

WOODEN bat!

None of this shiny New-Age aluminum crap.

And if he breaks their legs, well, they've got wheelchairs RIGHT THERE!

Feb 3, 2025 - 4:28:51 AM
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Players Union Member

Texasbanjo (Moderator)

USA

31330 posts since 8/3/2003

How about getting paid by check and find out (after you cashed and used the money) that it was an insufficient funds check! I got 2 of them before I found out they were no good. Cashed both at a grocery store and they wanted their money (shame on them). So did I!!!

Ended up in the hands of the powers that be that handle hot checks. Never got my money for those 2 checks, but also didn't have to pay back what I'd spent.

Now, that was over 50 years ago but I still remember the stress I went through.

Feb 3, 2025 - 5:00:59 AM
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1179 posts since 10/31/2007

You could threaten them with returning with bagpipes. Loud ones.

Feb 3, 2025 - 6:24:21 AM

42760 posts since 3/5/2008

quote:
Originally posted by lazlototh

You could threaten them with returning with bagpipes. Loud ones.


Or an..

Acordian...

Feb 3, 2025 - 6:25:51 AM
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42760 posts since 3/5/2008

quote:
Originally posted by Owen

... doesn't answer your question, but are there any of these guys around your neck of the woods looking for some additional work?

Heavy-handed Timmy – The Daily Haymaker


This guy reminds me of me..

 

Father...

Feb 3, 2025 - 6:30:46 AM
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62954 posts since 12/14/2005

OK, Fig!
Let's all grab our banjos and sing!
====================
BAT man!
Nana nana nana nana BAT-Man!!!
===============

Feb 3, 2025 - 8:24:15 AM
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2005 posts since 11/10/2022

I play for free at many memory care homes. Am I getting ripped off?

Now weddings, funerals and bars pay cash up front. I got sued once for being a no show at a wedding that didnt pay me. Said I ruined their wedding. Kinda made my guys feel special that we can ruin an event by not being there!

Feb 3, 2025 - 12:02:32 PM
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62954 posts since 12/14/2005

If you agree to play for free, you're not getting ripped off. You are receiving exactly the agreed-upon fee.

If someone has agreed with you to pay any amount, and does not do so, you are being ripped off.

Feb 3, 2025 - 12:17:11 PM

80644 posts since 5/9/2007

I've waited some months for certain Elder Care gig checks.
I was told it was because of their corporate operation of fiscal monies not available until the next quarter or something like that.

Feb 3, 2025 - 12:49:37 PM
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16196 posts since 6/2/2008

quote:
Originally posted by mike gregory


[1] How long should one wait, before whining about it?

[2] Sure don't want to have to take them to Small Claims Court!

[3] What if they retaliate by telling all their pals in the Geezer Storage industry that we are a ROTTEN act, and should never be hired?


1 - Since the deal was pay on performance, 30 days is more than generous. 

2 - Why not? If the gig was worth the pay, the pay is worth collecting.

Before going to court, you should probably try a demand letter. In this, you state that you played, as agreed payment was due upon completion of the performance (same day, same place), and now X days have passed and payment that was promised by check has still not been received. You then say you expect/require/demand (your choice of word) 10 days from this letter or 5 days from the date you estimate they'll receive it or by a specific date that you state. Don't need any "or else" (such as saying you'll pursue all legal remedies). You don't owe them any warning. They owe you money.

Also, the demand letter is purely objective and factual. No feelings. No talk of right or wrong or fairness or trust. Simply: We played. We were supposed to be paid that day. We still haven't been paid. You need to pay us. By keeping your letter to the facts of the matter, you give them nothing to refute.

In your letter to one place, you can add you were told you were not paid that day because of the absence of Mr. _____ who ordinarily writes checks. But here it is XX days later and you still haven't been paid.

In the letter to the other place you can add that only upon completion of the performance were you told that payment would come from their corporate office and you would not be receiving it that day as agreed. (Or in your contract, if you had one)

If they still don't pay, then you do consider small claims court.

But a lawyer at an organization I was once involved in gave me a suggestion when the topic of collections came up (just friendly talk having nothing to do my volunteer work at this organization). He suggested filling out the paperwork for a small claims filing then sending a copy of it to the deadbeat with a letter saying you've taken the steps to file a case with small claims court and will file by (date) if payment is not received by then. This actually worked for me.

3 - If they retaliate by saying negative things about you that keep you from getting hired elsewhere, that's actionable. If other businesses have hired you more than once, you'll have evidence you're not rotten.  On the other hand, you have proof these two elder homes are no-pay/slow-pay customers and you can freely and safely tell that as a warning to other musicians. Truth is always a defense.

If it does go to court, you'll use the previous demand letter as evidence. You can tell the judge you tried to collect and you sent this letter stating the facts, to which they didn't respond. 

Mind you: I am not a lawyer. I could be wrong. But if a business took 60 or more days to pay me for a gig, I'd feel confident telling other musicians "I played for these guys and it took two letters and proof I was filing in court to get paid."

Good luck.

Feb 4, 2025 - 9:02:21 AM

Owen

Canada

16680 posts since 6/5/2011
Online Now

A few decades back I had three small claims cases.  It seemed that every office you went into, even if only for advice on filling out a form or directions as to where to drop something off,  it was accompanied by: "That'll be $40 please," or "That'll be $25 please." etc. etc. I recall commenting at the time to my wife that to sorta [minimally]  compensate for the stress and effort there should be a PSA upfront: "If it's not at least $500 don't bother!"  Dunno if/how that would translate into today's world/dollars/circumstances.

And a further kick in the pants, even when the plaintiff won the case [as I did 3 out of 3, fwiw yes ] you were on your own to collect the judgment... could mean additional rigamarole,  hiring a sheriff, etc. The court/government was not obligated to help you collect.... at least not in Saskatchewan.   Dunno if that has changed or not.

Edited by - Owen on 02/04/2025 09:05:01

Feb 4, 2025 - 10:07:01 AM
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26 posts since 3/7/2024

did you send them an invoice?
could be the corporate office doesn't even know they owe you
most customers I deal with will not pay without an invoice

may help to have something in writing when you wait over 60 days and have to take them to court
or what ever terms you agreed too before the show

there are ways to lean them also, that gets expensive, unless you have some kind of leverage on them it is mostly useless

Feb 4, 2025 - 12:17:45 PM
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62954 posts since 12/14/2005

Each got an invoice.

Feb 6, 2025 - 2:04:04 PM
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80644 posts since 5/9/2007

I got paid yesterday for a Nursing Home gig from Dec. 20.

Feb 6, 2025 - 2:34:57 PM

16196 posts since 6/2/2008

quote:
Originally posted by mike gregory

Each got an invoice.


Did the invoices state a due date?

If yes, and payment is past due, then it's time to initiate your collection process.

Feb 6, 2025 - 9:35:47 PM

62954 posts since 12/14/2005

Umm, something STRANGE in the neighborhood.
I got notifications that two other OutHangers had posted replies, but when I came here to READ the, nothing.

HarleyQ, what did you want to ask me or tell me?

Feb 7, 2025 - 7:36 AM

1365 posts since 3/7/2006

Start asking for a deposit to at least get partial payment up front. Otherwise, there are two old sayings to consider; 1. The first one is free. 2. Fool me once... you know the rest.
And for corporate gigs that will send you a check, try the 30 days same as cash, then 10% penalty thereafter. In other words, speak corporate speak right back to them.

Feb 7, 2025 - 11:33:29 AM

16196 posts since 6/2/2008

quote:
Originally posted by mike gregory

Umm, something STRANGE in the neighborhood.
I got notifications that two other OutHangers had posted replies, but when I came here to READ the, nothing.


I think that means they deleted their messages after posting.

Feb 7, 2025 - 7:57:16 PM

62954 posts since 12/14/2005

OK.
Thanks

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