Guys, I need a pep talk

jcc64 wrote: As many of you already know, I was laid off from my job of 20 yrs last May. I spent the summer doing some freelance (I'm a textile designer) servicing one of the clients that I worked with while still employed. Basically, I finished the HUGE account we were working on for Walmart, and was able to get the whole program done single-handedly and on time. Walmart loved it, and apparently, it's flying off the shelves.
Anyway, to make a very long story short, I finally billed for all the work I did for them. We had a verbal agreement that my payment would be 1.5% of total sales- it's called a royalty agreement. Now that it's time to pay up, they've reneged on the agreement, claiming that b/c I started the job while I was still an employee of the other company, THAT company gets the royalty, not me. They want to pull the rug out from under me now that the work's done, and pay me a measley design fee- probably about a tenth of what I'd expected to be paid.
I know verbal agreements are bad business, but it's pretty common in my line of work. Besides, I'd worked with them for some time, and I felt we had a good business arrangement. In the end, being unemployed, I couldn't afford to hire a lawyer to draw up a proper contract anyway. So now, I'm being totally screwed. Money's so tight for us right now, and that's bad enough, but it just feels so bad to be f-ed over like this. I feel like such a tool. All that time I took away from my kids, thinking I was going to be bringing in good $$$, and it was all basically for nothing.
Idk, there are certainly worse problems. But I'm feeling really used, and it sucks.

amynicole21 replied: Wow, that is really awful, Jeanne. Does your old company even exist anymore to receive the payment? Do you know anyone there who could pull some strings and get the payment transferred to you? It would be really dishonest of them to accept payment for something they didn't deliver on, you know?

redchief replied: Wow, Jeanne, that really rots! I'm not very good at pep talks, but I do know that with your intelligence and creativity, you'll pull through OK. How much work did you do after you were laid off by the other company? If you have dates, it's just my guess, but at the very least it would seem to me that your former company owes you for your work on the project.

jcc64 replied:

No they don't exist anymore, but their affairs are being handled by a third party company- y'know- vultures that circle around the carcass to pick at the remains.
You don't even want to know the half of it. There's no chance that my former company would ever do right by me or anyone else for that matter. I think I'm just out in the cold.

Our Lil' Family replied: I wish I had some advice for you. That sounds like typical big business to me! Can you maybe tell us what the product is so we can all avoid buying it?! Stick it to someone...hey I'm all up for sticking it to WalMart as often as possible.

Mommy2Isabella replied: Thats really crappy!! I hope you will be able to figure it out! You did all that work with the right goal in mind, you didn't know they weren't going to pay so don't feel like you cheated your family. You thought you were going to make REALLY good money from it ..

Hope the situation gets resolved in your favor!

HuskerMom replied: Oh that sucks! I don't really have any advice, I'm so sorry that happened!

lovemy2 replied: I don't know what state you are in but in NY a verbal agreement is still a legally binding agreement - I woudl try to get an attorney - if money is tight try a legal aid or something there are usually attorneys who will take things pro bono or at least defer the billing until you get the money - I am sorry you are getting the screws - that really stinks - but I certainly wouldn't let them get away with it...

Calimama replied: That's horrible! I hope you get the money you deserve!

Jackie012007 replied:
I was JUST going to say that! I know you live in NY, and I've watched enough Court TV to know that in NY, a verbal agreement can be treated as a binding contract. The fact that they are paying you the design fee proves they entered into an agreement with you in the first place - fo you have anyone that you could use as a witness? I don't know how much money you are talking but it is something that could be handled in small claims court? Also, because Wal*Mart is involved, you might be able to find a good lawyer in the area to take them on , given their past history with class-action lawsuits and such, they have a big target on their back. Carl and I had to go to court against walmart because they fired him for something that was not true and then tried to make up files to prove their case and then tried to deny him unemployment...I have much experience with their shoddy business practices and let me tell you, right now they are banking on you not doing anything about it because hopefully you are scared by the size of their corporation. But once the threat of bad PR comes up, they roll over like dogs.

We contacted the District manager and trheatened to take our story to the local TV stations and they freaked - that is how we got our day in court and with our evidence, Carl's back pay and his unemployment pay. I say TAKE THEM ON!!

mysweetpeasWil&Wes replied: Of course there could always be worse things, like you said, but this is pretty BAD! I'm so sorry Jeanne. I think Jackie has some good advice. I agree, bad PR will put a fire under their a$$ to pay you what you're worth. Walmart, I'm sure, assumes people will be intimidated by the size of their company and expect you to just take it or leave it. You are good with words, so write your own press release and send it to all the dailies. It's worth a shot. GL.

Boys r us replied: I'm so sorry!!! that sucks! I really believe that you should seek counsel on this and see what the lawas are and if it would do you any good to persue this in court. Most attorneys will have an initial consultation with you for free!!!!

I'd be so mad too!!!

coasterqueen replied: I'm sorry this has happened Jeanne. I believe in most states a verbal agreement is still binding and it sounds like some from your state agree. I would at least blow smoke up their you-know-what telling them that a verbal agreement is binding, you are going to get a lawyer if they don't follow through with the deal, blah blah blah and see what they say. They are just trying to take advantage of the "small fish" in the sea. Don't let them do it. Verbal agreements are still powerful in court.

Besides, I'm confused on why they would agree to that and then come back and say they are going to pay the company the royalty if the company really doesn't exist. IMO if they wanted to "f" someone they would have just said "sorry, you get a design fee and that is that". KWIM?

Hang in there. You are fighter - don't give up on this!

punkeemunkee'smom replied: Jeanne I am so sorry! My heart just dropped for you in reading that! I know that in Texas (as has been mentioned in previous posts) that a verbal contract is still a binding contract-maybe that is your leg to stand on. I will pray that this gets resolved in your favor as well. I am so sad that you have been taken like this! ITA with Naomi-I will NOT buy whatever this product line is if you can share it!

CantWait replied: That sucks. Hang in there, I'm confident you'll figure something out. They're a big company and they wouldn't want the bad press.

luvmykids replied: Oh that BITES Like Nichole said, most attnys will do a free initial consultation, and if they think you have a good case will agree to bill you later. I think the fact they're willing to pay a design fee says, as someone else mentioned, that they knew YOU were doing the work, why would they pay YOU the design fee and THEM the royalty? Sounds to me like they're just trying to get away with not paying anyone, really. I think you have to stand up for yourself and go after it if there is anyway you possibly can

A&A'smommy replied: I'm so sorry Jeanne that was WRONG of them to do you that way!!!!

MommyToAshley replied: Oh man, that stinks. I have to agree with the others... I'd at least have an intial consult with a lawyer and see if they think you have a case. Wal-Mart knows that you were laid off and is counting on you to be intimidated and/or not have the funds to seek legal counsel. You need to stand up for yourself, I am sure in the end it will pay off.

I'm sorry all this happened at Christmas, but I know you and I know it will work out.

MoonMama replied: Oh man! I don't even know what to say, I am so sorry they are doing this. Lots of good vibes coming your way. ~~~~~~~~~~~~~

MoonMama replied:
Same here!

My2Beauties replied: Man this totally stinks big time for you. I am so sorry. I agree w/ everyone else in that you should seek counsel, consultations are usually free. You're incredibly smart, you'll find a way to get your money! You deserve it. You know I rarely shop at Wal-Mart, if ever, anymore. I hate them, they have horrible business practices, treat their employees and customers like crap, they are the epitomie of unethical business practices. This really doesn't surprise me that they'd do something like this! Stick it to the man girl, stand up for the little people. Have your day in court, I'd be calling the media and everything else.

Kirstenmumof3 replied: I know that you can't afford to higher a Lawyer, but can you get some free legal advice? I'm sorry that they are doing this to you, I'd be pissed! Hang in there, things will get better!

jcc64 replied: Thank you all so much. You guys and your love and support are such a reassuring constant in my life!
Though I am certainly no fan of Walmart (and I think everyone knows that here already!), this is a conflict between myself and a vendor of Walmart's. I produce artwork for a company that produces fabric that they then sell to Walmart's fabric and crafts dept. It's fabric yardage, guys. I will dig up the ad and post it later on- besides- it'd be fun to show you guys exactly what I do (did).
It's the vendor that's screwing me, not Walmart. But b/c they work on such small profit margins with Walmart, counting instead on the high volume, they need to cheap out with their designers. (that's me).
Anyway, my dh is getting involved as my "business manager", since there's so much $$ at stake. We're talking a minimum $40K here, guys. This is all a function of my complete business ineptitude. As smart as I may appear to be at times, I am an utter loser when it comes to business smarts. That's why I went to art school- b/c I can't deal with $$$ and numbers. It's not where my head's at, kwim? But it's obviously a major liability, which is why I decided to go back to school rather than continue to struggle in a dying business. Long story short, thanks again, you guys really are a lovely group of people.

Boo&BugsMom replied: Jeanne, I have no advice but can tell you we (Troy and I) know how you feel. He has been screwed over in a similar fashion. I hope you can get it all straightened out.

Kaitlin'smom replied: I dont have any additional advice but I can send lots of

bawoodsmall replied: Go Jeanne Go. Dont take it lying down. We know you can fight them tooth and nail.

DansMom replied: Oh Jeanne, that is just ROTTEN!! It makes me so angry to read that story. The injustice of it makes me burn.

I hope there is some way to persuade those jerks that you haven't thought of.