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Advice Please.... I have free cookies :)

Freeman
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5/3/2013 12:57:54 AM
Posted: 3 years ago
Ok... I actually don't have any cookies. But if you could graciously overlook this fact and still help me that would be appreciated.

So, I make money by writing for multiple clients/ companies as an independent contractor. I recently started working for another company at the very beginning of March. I signed a contract with this business to write a minimum of 40 articles for 37.50 each. That's equivalent to 1500 per month. Well, I've only received 21 writing assignments despite fulfilling all of my obligations. I've been there two months. The quality of my work isn't in question. I've even been complimented on it.

Anyway, I keep getting stonewalled by my employer. Emails aren't being returned. Promises to get back to me have gone unfulfilled. I'm being forced to wait weeks without pay. I'm basically being prevented from being able to work. I work out of my apartment, so I don't get to see my employer every day. I'm guessing this wouldn't happen if my employer had to look me in the eyes every day, which is why I made it a point to visit him a few days ago.

I have been paid for those 21 articles I did, but I've lost around $2,250 worth of wages. If things keep up this way till the end of this month, I'll have missed out on around 3750.

Now, from my perspective this is a breach of contract. I don't see how it couldn't be a breach of contract. This state of affairs was not in the agreement we both signed. Nor was it spoken about. I've been ready, able and willing to work. I'm simply being prevented from being able to satisfy my duties. The terms of my duties are not vague. They are spelled out fairly plainly.

This brings me to my questions and concerns.

1. Would you agree with me that this a breach of contract?

2. Assuming this a breach of contract, could I sue for three months worth of lost wages. I should have earned 4,500. I've only been given 787 worth of work. That's a difference of 3750.

3. My dillema is that I actually like what I do. If I sued my employer, I don't think I'd be going back to work, meaning that I'd be losing out on around 19,000 anually for work that isn't that difficult. I don't get paid by the hour, but it's roughly equivalent to $20.00 an hour for work that I can do from my apartment. I don't have to physically go anywhere, which makes it easy to balance coursework and class schedules.

My plan is to outline my compaints in a formal letter and email and try to get this remedied outside of the legal system. If that doesn't work, then I think I'll send a strongly worded demand letter. And if that doesn't work, I'm going to have the courts turn my employer upside and shake him till all the money falls out of pockets. Yes..... Or at least that's my plan. But I don't want it to come that because I'm the one who has more to lose in the long run.

Anyway, if you have any advice at all about any of this, I would really love to hear it. I'm honestly not entirely sure how I should approach this. Thank you.
Chancellor of Propaganda and Foreign Relations in the Franklin administration.

"I intend to live forever. So far, so good." -- Steven Wright
F-16_Fighting_Falcon
Posts: 18,324
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5/3/2013 1:18:36 AM
Posted: 3 years ago
Freeman, you seem to know exactly how to approach it. I agree with what you would do. Ask nicely first with the full intention of retaining a great relationship with your employer. If it comes to a point where you realize that this won't work, start looking for a new job while you still have this one in hand. Once you get a new job offer, send that firm letter and threat of legal action and milk them dry for whatever you can.

Also, if your university has any services that offer legal advice, have them check your contract to make sure that you will likely win and that there are no loopholes for the corporation to slide through.
pozessed
Posts: 1,034
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5/3/2013 7:15:12 AM
Posted: 3 years ago
At 5/3/2013 1:18:36 AM, F-16_Fighting_Falcon wrote:
Freeman, you seem to know exactly how to approach it. I agree with what you would do. Ask nicely first with the full intention of retaining a great relationship with your employer. If it comes to a point where you realize that this won't work, start looking for a new job while you still have this one in hand. Once you get a new job offer, send that firm letter and threat of legal action and milk them dry for whatever you can.

Also, if your university has any services that offer legal advice, have them check your contract to make sure that you will likely win and that there are no loopholes for the corporation to slide through.

This sounds like a good plan.
R0b1Billion
Posts: 3,733
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5/3/2013 7:51:16 AM
Posted: 3 years ago
You have a great job, so of course you're not going to make a lot of money at it. Do you expect to get 40 hrs/wk sitting in comfort and ease while others shovel sh!t all day long to get by? Do you think that this is because you are superior to others that you have that privilege? Because the job is nice and easy, your position will logically be more competitive and your employer knows this. You want to complain? He'll dump your a55 immediately and hire one of the other 100,000 people (myself included) who can write and would love to have that job. My advice to you is to graciously accept ANYTHING he gives you, keep your head up high and realize that even one article a month is a gift you cannot refuse. Simply find more work elsewhere and use the free market to your advantage instead of lamenting it. If you approach this as if he OWES you the work, I don't think you will be happy with the results! As far as what you EXPECTED to make, that is irrelevant. I once worked as a Kirby salesmen and they told me I would be setting up window displays (lying to me to get me into the training class) then promised us all $420/wk even if we didn't sell anything (yeah right!). They told you what you wanted to hear to get you in there, now you can take it or leave it. They don't have any legal obligation to give you a penny and your only power over them is passive acceptance of the situation in the hopes that it earns you more of their trust in the long-run. Sorry bub, the free market is a very hostile place and there are no fairies and butterflies waiting for you out there, just a bunch of greedy arseholes who will screw you over the first chance they get.
Beliefs in a nutshell:
- The Ends never justify the Means.
- Objectivity is secondary to subjectivity.
- The War on Drugs is the worst policy in the U.S.
- Most people worship technology as a religion.
- Computers will never become sentient.
pozessed
Posts: 1,034
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5/3/2013 9:04:21 AM
Posted: 3 years ago
At 5/3/2013 7:51:16 AM, R0b1Billion wrote:
You have a great job, so of course you're not going to make a lot of money at it. Do you expect to get 40 hrs/wk sitting in comfort and ease while others shovel sh!t all day long to get by? Do you think that this is because you are superior to others that you have that privilege? Because the job is nice and easy, your position will logically be more competitive and your employer knows this. You want to complain? He'll dump your a55 immediately and hire one of the other 100,000 people (myself included) who can write and would love to have that job. My advice to you is to graciously accept ANYTHING he gives you, keep your head up high and realize that even one article a month is a gift you cannot refuse. Simply find more work elsewhere and use the free market to your advantage instead of lamenting it. If you approach this as if he OWES you the work, I don't think you will be happy with the results! As far as what you EXPECTED to make, that is irrelevant. I once worked as a Kirby salesmen and they told me I would be setting up window displays (lying to me to get me into the training class) then promised us all $420/wk even if we didn't sell anything (yeah right!). They told you what you wanted to hear to get you in there, now you can take it or leave it. They don't have any legal obligation to give you a penny and your only power over them is passive acceptance of the situation in the hopes that it earns you more of their trust in the long-run. Sorry bub, the free market is a very hostile place and there are no fairies and butterflies waiting for you out there, just a bunch of greedy arseholes who will screw you over the first chance they get.

According to your assessment written and signed agreements are null and void in the court of law?
Khaos_Mage
Posts: 23,214
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5/4/2013 3:11:44 AM
Posted: 3 years ago
At 5/3/2013 12:57:54 AM, Freeman wrote:
Ok... I actually don't have any cookies. But if you could graciously overlook this fact and still help me that would be appreciated.

So, I make money by writing for multiple clients/ companies as an independent contractor. I recently started working for another company at the very beginning of March. I signed a contract with this business to write a minimum of 40 articles for 37.50 each. That's equivalent to 1500 per month. Well, I've only received 21 writing assignments despite fulfilling all of my obligations. I've been there two months. The quality of my work isn't in question. I've even been complimented on it.

Anyway, I keep getting stonewalled by my employer. Emails aren't being returned. Promises to get back to me have gone unfulfilled. I'm being forced to wait weeks without pay. I'm basically being prevented from being able to work. I work out of my apartment, so I don't get to see my employer every day. I'm guessing this wouldn't happen if my employer had to look me in the eyes every day, which is why I made it a point to visit him a few days ago.

Stop right here.
If you are an independant contractor, this company is not your employer. Do not refer the them as such. However, I am not sure what to use, so I often say "employer".

How are you being prevented from doing work? Do you have a non-compete agreement? Unless your work is sensitive, which would warrant a NCA, there should be nothing stopping you from going to another company and getting a similar contract.

I have been paid for those 21 articles I did, but I've lost around $2,250 worth of wages. If things keep up this way till the end of this month, I'll have missed out on around 3750.

Do not call them wages. You do not work for them. You are an independant contractor, most likely a sole-proprietor. Therefore, you are your business. This loss of money is a loss of revenue, not wages.

Now, from my perspective this is a breach of contract. I don't see how it couldn't be a breach of contract. This state of affairs was not in the agreement we both signed. Nor was it spoken about. I've been ready, able and willing to work. I'm simply being prevented from being able to satisfy my duties. The terms of my duties are not vague. They are spelled out fairly plainly.

This brings me to my questions and concerns.

1. Would you agree with me that this a breach of contract?
It is difficult to say without seeing the contract. From what you said, it sounds like it. They said they would give you at least Y work and pay you X for it.

2. Assuming this a breach of contract, could I sue for three months worth of lost wages. I should have earned 4,500. I've only been given 787 worth of work. That's a difference of 3750.

Yes, if your contract said you were to be given 40 assignments/month with no clause or loophole that mitigates this. Furthermore, you may lose since your contract said you will get Y work and be paid X; however, you did not perform Y work, therefore, legally, are you entitled to X in payment?

I put your chances of a successful lawsuit at about 40%.
If you were suing me, my argument would be:
1. I did not give you 40 assignment, but you didn't complete 40 either. You are not entitlted to payment for work not performed.
2. There are no damages, as there was nothing stopping you from getting work from another company.
3. I did not give you 40 assignments for XYZ reasons, which were unforseeable at the time of the contract.

3. My dillema is that I actually like what I do. If I sued my employer, I don't think I'd be going back to work, meaning that I'd be losing out on around 19,000 anually for work that isn't that difficult. I don't get paid by the hour, but it's roughly equivalent to $20.00 an hour for work that I can do from my apartment. I don't have to physically go anywhere, which makes it easy to balance coursework and class schedules.

Is this company unique?

My plan is to outline my compaints in a formal letter and email and try to get this remedied outside of the legal system. If that doesn't work, then I think I'll send a strongly worded demand letter. And if that doesn't work, I'm going to have the courts turn my employer upside and shake him till all the money falls out of pockets. Yes..... Or at least that's my plan. But I don't want it to come that because I'm the one who has more to lose in the long run.

Anyway, if you have any advice at all about any of this, I would really love to hear it. I'm honestly not entirely sure how I should approach this. Thank you.

I would use the letter, and if that doesn't get you more work, you could threaten to sue. Your concern is baffling. You don't want to lose work from this company, that isn't giving you enough work...

A word of caution:
In case you don't know, right now, you would go to consiliation court (small claims). There are no lawyers in this forum. Do not say you have a lawyer or will be getting one if you go to consiliation court, it may make you look weak due to ignorance.

In most states, consiliation court is mandated for any claim of less than $7,500. For larger claims, it goes to district court, where lawyers may be used. Check with your courthouse for actual figures, it may vary. If you want to use a lawyer, you need to rack up more damages first.
My work here is, finally, done.
lewis20
Posts: 5,093
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5/5/2013 10:38:09 AM
Posted: 3 years ago
At 5/3/2013 12:57:54 AM, Freeman wrote:
Ok... I actually don't have any cookies.

Should have waited until the end to disclose this
"If you are a racist I will attack you with the north"- Abraham Lincoln

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R0b1Billion
Posts: 3,733
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5/5/2013 9:39:54 PM
Posted: 3 years ago
At 5/5/2013 10:38:09 AM, lewis20 wrote:
At 5/3/2013 12:57:54 AM, Freeman wrote:
Ok... I actually don't have any cookies.

Should have waited until the end to disclose this

I work at a bakery; perhaps I should be using my advantage to garner personal advice on DDO?
Beliefs in a nutshell:
- The Ends never justify the Means.
- Objectivity is secondary to subjectivity.
- The War on Drugs is the worst policy in the U.S.
- Most people worship technology as a religion.
- Computers will never become sentient.
Wallstreetatheist
Posts: 7,132
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5/5/2013 10:04:04 PM
Posted: 3 years ago
At 5/5/2013 9:39:54 PM, R0b1Billion wrote:
At 5/5/2013 10:38:09 AM, lewis20 wrote:
At 5/3/2013 12:57:54 AM, Freeman wrote:
Ok... I actually don't have any cookies.

Should have waited until the end to disclose this

I work at a bakery; perhaps I should be using my advantage to garner personal advice on DDO?

Yes. You should also use it for sexual favors.
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Primal Diet. Lifting. Reading. Psychedelics. Cold-Approach Pickup. Music.
R0b1Billion
Posts: 3,733
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5/5/2013 10:38:33 PM
Posted: 3 years ago
At 5/5/2013 10:04:04 PM, Wallstreetatheist wrote:
At 5/5/2013 9:39:54 PM, R0b1Billion wrote:
At 5/5/2013 10:38:09 AM, lewis20 wrote:
At 5/3/2013 12:57:54 AM, Freeman wrote:
Ok... I actually don't have any cookies.

Should have waited until the end to disclose this

I work at a bakery; perhaps I should be using my advantage to garner personal advice on DDO?

Yes. You should also use it for sexual favors.

Now I'm confused... are you expecting cookies in payment for this advice?
Beliefs in a nutshell:
- The Ends never justify the Means.
- Objectivity is secondary to subjectivity.
- The War on Drugs is the worst policy in the U.S.
- Most people worship technology as a religion.
- Computers will never become sentient.
sadolite
Posts: 8,842
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5/6/2013 10:57:40 AM
Posted: 3 years ago
At 5/3/2013 12:57:54 AM, Freeman wrote:
Ok... I actually don't have any cookies. But if you could graciously overlook this fact and still help me that would be appreciated.

So, I make money by writing for multiple clients/ companies as an independent contractor. I recently started working for another company at the very beginning of March. I signed a contract with this business to write a minimum of 40 articles for 37.50 each. That's equivalent to 1500 per month. Well, I've only received 21 writing assignments despite fulfilling all of my obligations. I've been there two months. The quality of my work isn't in question. I've even been complimented on it.

Anyway, I keep getting stonewalled by my employer. Emails aren't being returned. Promises to get back to me have gone unfulfilled. I'm being forced to wait weeks without pay. I'm basically being prevented from being able to work. I work out of my apartment, so I don't get to see my employer every day. I'm guessing this wouldn't happen if my employer had to look me in the eyes every day, which is why I made it a point to visit him a few days ago.

I have been paid for those 21 articles I did, but I've lost around $2,250 worth of wages. If things keep up this way till the end of this month, I'll have missed out on around 3750.

Now, from my perspective this is a breach of contract. I don't see how it couldn't be a breach of contract. This state of affairs was not in the agreement we both signed. Nor was it spoken about. I've been ready, able and willing to work. I'm simply being prevented from being able to satisfy my duties. The terms of my duties are not vague. They are spelled out fairly plainly.

This brings me to my questions and concerns.

1. Would you agree with me that this a breach of contract?

2. Assuming this a breach of contract, could I sue for three months worth of lost wages. I should have earned 4,500. I've only been given 787 worth of work. That's a difference of 3750.

3. My dillema is that I actually like what I do. If I sued my employer, I don't think I'd be going back to work, meaning that I'd be losing out on around 19,000 anually for work that isn't that difficult. I don't get paid by the hour, but it's roughly equivalent to $20.00 an hour for work that I can do from my apartment. I don't have to physically go anywhere, which makes it easy to balance coursework and class schedules.

My plan is to outline my compaints in a formal letter and email and try to get this remedied outside of the legal system. If that doesn't work, then I think I'll send a strongly worded demand letter. And if that doesn't work, I'm going to have the courts turn my employer upside and shake him till all the money falls out of pockets. Yes..... Or at least that's my plan. But I don't want it to come that because I'm the one who has more to lose in the long run.

Anyway, if you have any advice at all about any of this, I would really love to hear it. I'm honestly not entirely sure how I should approach this. Thank you.

The bottom line. Will suing be worth the time spent to collect the money. How many hours will you waste trying to collect a couple of thousand dollars. Yours is a small claims court issue. Even if you win, it doesn't mean you will ever collect the money. My advice, cut your loses and move on.
It's not your views that divide us, it's what you think my views should be that divides us.

If you think I will give up my rights and forsake social etiquette to make you "FEEL" better you are sadly mistaken

If liberal democrats would just stop shooting people gun violence would drop by 90%
sadolite
Posts: 8,842
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5/6/2013 11:03:48 AM
Posted: 3 years ago
At 5/6/2013 10:57:40 AM, sadolite wrote:
At 5/3/2013 12:57:54 AM, Freeman wrote:
Ok... I actually don't have any cookies. But if you could graciously overlook this fact and still help me that would be appreciated.

So, I make money by writing for multiple clients/ companies as an independent contractor. I recently started working for another company at the very beginning of March. I signed a contract with this business to write a minimum of 40 articles for 37.50 each. That's equivalent to 1500 per month. Well, I've only received 21 writing assignments despite fulfilling all of my obligations. I've been there two months. The quality of my work isn't in question. I've even been complimented on it.

Anyway, I keep getting stonewalled by my employer. Emails aren't being returned. Promises to get back to me have gone unfulfilled. I'm being forced to wait weeks without pay. I'm basically being prevented from being able to work. I work out of my apartment, so I don't get to see my employer every day. I'm guessing this wouldn't happen if my employer had to look me in the eyes every day, which is why I made it a point to visit him a few days ago.

I have been paid for those 21 articles I did, but I've lost around $2,250 worth of wages. If things keep up this way till the end of this month, I'll have missed out on around 3750.

Now, from my perspective this is a breach of contract. I don't see how it couldn't be a breach of contract. This state of affairs was not in the agreement we both signed. Nor was it spoken about. I've been ready, able and willing to work. I'm simply being prevented from being able to satisfy my duties. The terms of my duties are not vague. They are spelled out fairly plainly.

This brings me to my questions and concerns.

1. Would you agree with me that this a breach of contract?

2. Assuming this a breach of contract, could I sue for three months worth of lost wages. I should have earned 4,500. I've only been given 787 worth of work. That's a difference of 3750.

3. My dillema is that I actually like what I do. If I sued my employer, I don't think I'd be going back to work, meaning that I'd be losing out on around 19,000 anually for work that isn't that difficult. I don't get paid by the hour, but it's roughly equivalent to $20.00 an hour for work that I can do from my apartment. I don't have to physically go anywhere, which makes it easy to balance coursework and class schedules.

My plan is to outline my compaints in a formal letter and email and try to get this remedied outside of the legal system. If that doesn't work, then I think I'll send a strongly worded demand letter. And if that doesn't work, I'm going to have the courts turn my employer upside and shake him till all the money falls out of pockets. Yes..... Or at least that's my plan. But I don't want it to come that because I'm the one who has more to lose in the long run.

Anyway, if you have any advice at all about any of this, I would really love to hear it. I'm honestly not entirely sure how I should approach this. Thank you.

The bottom line. Will suing be worth the time spent to collect the money. How many hours will you waste trying to collect a couple of thousand dollars. Yours is a small claims court issue. Even if you win, it doesn't mean you will ever collect the money. My advice, cut your loses and move on.

No lawyers are allowed in small claims. But remember, when you hire a lawyer, you are not so much paying for leagal advice but rather "Professional Courtesy" with in the legal system.
It's not your views that divide us, it's what you think my views should be that divides us.

If you think I will give up my rights and forsake social etiquette to make you "FEEL" better you are sadly mistaken

If liberal democrats would just stop shooting people gun violence would drop by 90%
Khaos_Mage
Posts: 23,214
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5/6/2013 9:02:59 PM
Posted: 3 years ago
At 5/6/2013 10:57:40 AM, sadolite wrote:
The bottom line. Will suing be worth the time spent to collect the money. How many hours will you waste trying to collect a couple of thousand dollars. Yours is a small claims court issue. Even if you win, it doesn't mean you will ever collect the money. My advice, cut your loses and move on.

But it's a fun and expensive process.
If you win, and your state operates the same as mine, then you get to try to collect. If they refuse, then you get to pay to docket the decision in district court. Then, you can pay to get a writ of execution to have the sherriff put a levy on them. Of course, first you have to find assets that you can levy, and a business can argue that their assets cannot be levied because they owe that money to others (indebtness is too great).

Of course, if you collect, you get most of these fees back, and get interest. Of course, if you go on a judge show, they often guarantee payment (the show will write the check to you after a short time), and I am sure they go after the defendant.
My work here is, finally, done.
twocupcakes
Posts: 2,753
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5/7/2013 9:52:06 AM
Posted: 3 years ago
At 5/3/2013 12:57:54 AM, Freeman wrote:
Ok... I actually don't have any cookies. But if you could graciously overlook this fact and still help me that would be appreciated.

So, I make money by writing for multiple clients/ companies as an independent contractor. I recently started working for another company at the very beginning of March. I signed a contract with this business to write a minimum of 40 articles for 37.50 each. That's equivalent to 1500 per month. Well, I've only received 21 writing assignments despite fulfilling all of my obligations. I've been there two months. The quality of my work isn't in question. I've even been complimented on it.

Anyway, I keep getting stonewalled by my employer. Emails aren't being returned. Promises to get back to me have gone unfulfilled. I'm being forced to wait weeks without pay. I'm basically being prevented from being able to work. I work out of my apartment, so I don't get to see my employer every day. I'm guessing this wouldn't happen if my employer had to look me in the eyes every day, which is why I made it a point to visit him a few days ago.

I have been paid for those 21 articles I did, but I've lost around $2,250 worth of wages. If things keep up this way till the end of this month, I'll have missed out on around 3750.

Now, from my perspective this is a breach of contract. I don't see how it couldn't be a breach of contract. This state of affairs was not in the agreement we both signed. Nor was it spoken about. I've been ready, able and willing to work. I'm simply being prevented from being able to satisfy my duties. The terms of my duties are not vague. They are spelled out fairly plainly.

This brings me to my questions and concerns.

1. Would you agree with me that this a breach of contract?

2. Assuming this a breach of contract, could I sue for three months worth of lost wages. I should have earned 4,500. I've only been given 787 worth of work. That's a difference of 3750.

3. My dillema is that I actually like what I do. If I sued my employer, I don't think I'd be going back to work, meaning that I'd be losing out on around 19,000 anually for work that isn't that difficult. I don't get paid by the hour, but it's roughly equivalent to $20.00 an hour for work that I can do from my apartment. I don't have to physically go anywhere, which makes it easy to balance coursework and class schedules.

My plan is to outline my compaints in a formal letter and email and try to get this remedied outside of the legal system. If that doesn't work, then I think I'll send a strongly worded demand letter. And if that doesn't work, I'm going to have the courts turn my employer upside and shake him till all the money falls out of pockets. Yes..... Or at least that's my plan. But I don't want it to come that because I'm the one who has more to lose in the long run.

Anyway, if you have any advice at all about any of this, I would really love to hear it. I'm honestly not entirely sure how I should approach this. Thank you.

Many lawyers give free consultations to see if you have a case. It sounds like you do, but I would make sure because law can get complicated. If you do have a case, I would first be polite and respectful to the employer. If not I would firmly but politely let them know that you have consulted a lawyer and will sue to get the money if it is not given. If you have a case, it will be much cheaper for the company to give you money then to fight you in court and lose, so they should just hand it over. Or perhaps you would work out a different arrangement like they will give you the money but you have to write the articles eventually when they find work. Good luck.