[identity profile] akktri.livejournal.com posting in [community profile] artists_beware
This isn't furry, but it is a group of people that certainly cheat artists out of hard work.
It's a company called Right Choice Publishing. They're a business in Lee's Summit, Missouri. I advise you not to do any work for them. They make you do a lot of free work, and you don't get paid until the designs are done `right,' which is hardly ever. Designers are supposed to work from their home and send stuff in, but I didn't have that luxury. Yet, despite me coming into their office every day, and working long hours in their cramped, drafty basement, my official title was still `Self Employed Subcontractor.' They demanded I spend long hours tweaking files and fixing images FOR FREE, and, even more insulting, I had to constantly fix their company logos and air filter advertisements for no pay whatsoever.
They have lawyers. You sign a contract to work there. I suggest you never work for these people, because once you're signed up, you're screwed.

Date: 2006-09-15 11:57 pm (UTC)
From: [identity profile] johnsaulrubio.livejournal.com
Why the hell would you sign that contract?

Date: 2006-09-16 12:04 am (UTC)
From: [identity profile] banka-flavored.livejournal.com
So you work there and dont get paid. Did the contract say you would get paid? *confused a bit*

I live in olathe KS, so thanks for the heads up about this near by thing.

Re: Here's how it was supposed to work

Date: 2006-09-17 10:21 pm (UTC)
From: [identity profile] banka-flavored.livejournal.com
That does sound shitty, nice way to take advantage of someone in need of money with talent :/ sorry you had to go through that. Thanks for warning us all.

Date: 2006-09-16 12:33 am (UTC)
From: [identity profile] doodlesthegreat.livejournal.com
Have a lawyer look at that contract. You might find the conditions listed as onerous and thus invalid.

Re: Here's how it was supposed to work

Date: 2006-09-20 10:21 pm (UTC)
From: [identity profile] kitsuken.livejournal.com
I'm pretty sure they're required to give you a copy of the contract you signed, that's definately something you should check with a lawyer about

Date: 2006-09-16 01:03 am (UTC)
From: [identity profile] flyingwild.livejournal.com
I think this is the first non-furry post I've seen in this entire comm...

Anyway, I can't imagine their contract can be too legally binding unless the terms are written in it, in which case, why would you sign it?

Good for the headsup anyway though.

Date: 2006-09-16 02:15 am (UTC)
From: [identity profile] azuredoragon.livejournal.com
Holy fucking shit... I LIVE in Lee's Summit!

Date: 2006-09-16 08:08 am (UTC)
From: [identity profile] razerz.livejournal.com
Yikes, i live in the MO, thanks for the heads up.

Working "off the clock" is SO illegal

Date: 2006-09-16 11:07 pm (UTC)
From: [identity profile] giza.livejournal.com
For them, that is, not you. :-)

Specifically, it's probably a violation of Fair Labor Standards Act (http://www.dol.gov/esa/whd/flsa/). In a nutshell, it is illegal for the employer to require you to "work off the clock", or work without pay.

And, this law is enforced. Check these out:

http://www.washingtonfreepress.org/39/clock.html
http://test2006.irmi.com/Expert/Articles/2005/Siegel02.aspx
http://hr.cch.com/hhrlib/issues-answers/off-the-clock-work-can-cost-retailers-millions.asp?date=April-28-2003
http://www.jobbankusa.com/News/Employment/employ111904a.html
http://www.peo7.com/htmFiles/Working422.htm

I would suggest speaking to a lawyer. Chances are, if they are screwing you, they are screwing others as well. Once a lawsuit is filed, discovery can be conducted to get employee information, identify other employees who may have been treated like this, and include them as plaintiffs as well. And if a thing like that gets heard in front of a jury, please let me know so I can show up with some popcorn!

On the subject of the contract that they had you sign, just because you sign something doesn't make it legally binding, or enforceable. For example, precedents have been set (I don't remember which ones, but a lawyer will!) which state that in order for you to lose some rights, that the other party must give you something of value in return (think 4-5 figures, here). The more valuable a right you lose, the more they have to give you in return. :-)

So to sum up, I think you should go visit a lawyer first thing on Monday morning and tell them everything you told us.

Good luck!

Re: Working "off the clock" is SO illegal

Date: 2006-09-17 11:06 pm (UTC)
From: [identity profile] johnsaulrubio.livejournal.com
Wait wait wait...

You're assuming that this person entered into an hourly agreement. From previous posts, it sounds like they're paying by the page. In that case, there's really no obligation for the client to compensate for 'off the clock' work because time wasn't discussed as a variable.

In this case, the artist screwed up by neglecting to dictate an hourly rate, failing to negotiate terms of service, and entering into a contractual relationship without fully understanding the agreement.

Bottom line is that the artist is at fault, and getting a lawyer may end up costing him more money than this thing is worth.

Re: Working "off the clock" is SO illegal

Date: 2006-09-18 12:24 am (UTC)
From: [identity profile] giza.livejournal.com
Hmm, you know, I think you might be right there. Well, that sucks.

I think it would still be a good idea if the original poster found a lawyer that doesn't charge for a consultation and ran it past them. Especially if this is part of a larger pattern of abuse from that employer. The worst thing that could happen would be for the lawyer to say, "Sorry, you have no case".

(BTW, thanks for posting the link to http://www.createapro.com/ further down in the comments. I've found some rather useful stuff on the site so far.)


Date: 2006-09-17 03:45 pm (UTC)
From: [identity profile] rs-studios.livejournal.com
this is what happens when people don't do homework and read contracts and ask to talk to other employees

Date: 2006-09-17 10:55 pm (UTC)
From: [identity profile] johnsaulrubio.livejournal.com
So really, what has happened here is that you failed to read the contract, do your research, or understand the basic ethical practices of working as a for-hire creative.

I'm sorry, but it really just sounds like you screwed yourself.

Read the articles on my creative pro advice site at http://www.CREATEaPRO.com and buy yourself a copy of "Graphic Artists Guild Handbook: Pricing & Ethical Guidelines" (do a search for the 11th edition on Amazon) before you do any more business with anyone else. Learn how to protect yourself from this type of thing happening again.

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