I’m in India and did some freelance content writing for a magazine based in the U.S., in Maryland or Tennessee. I finished the work back in July, but I still haven’t been paid, not a single cent. Just recently, on October 12, the Editor-in-Chief reached out, but instead of full payment, she’s offering less than half, saying that’s all they’re willing to give. The thing is, my write-up was approved back in July by the Managing Editor.
Since July, the magazine’s HR was either silent or giving me generic responses and empty promises. They only started claiming there were “content issues” when I asked about my payment. I’d even reached out to the Managing Editor in August, and she didn’t mention any problems. She contacted me again in September, still with no issues about my work.
Now, with payment due, the Editor-in-Chief is just cutting my payment short, saying it’s because of “content issues.” She even hinted at a cease-and-desist. I tried to build a partnership here, but the Editor-in-Chief has been unprofessional, dishonest, and is now trying to avoid paying me fully.
It feels like they might be doing this to other freelancers too. Most freelancers probably just give up, but I don’t want to. What can I do? Any advice?
As a freelancer, you’re considered an independent contractor, so U.S. employment laws won’t cover you. If you were an employee working in India, India’s employment laws might apply, but that’s not the case here. Check if you signed a contract with them, and look for any arbitration clause. You may need a lawyer, and the contract might specify which state in the U.S. you’d need to file a claim in.
@EdwardGenesis
No arbitration clause in my contract. Do you know who freelancers can contact in the U.S. for non-payment issues? I can’t go to small claims court since I’m not in the U.S. Thanks for any advice.
@Jesse
That might depend on your case and the amount owed. For example, if you’re owed $5,000 but it might cost $10,000 for legal help, the lawyer might want upfront payment.
Another option could be small claims court. In the U.S., you can usually handle these cases without a lawyer, and some courts let you file remotely. You’d need to find out the county where the company is located and check the small claims process there. Filing fees vary but are usually around $50-$200. The payout limit also varies but is often around $5,000. Check if handling it remotely is an option from outside the U.S.
If the CEO is offering to pay 50% of the original amount, I might consider it. It’s not fair, but ‘a bird in the hand is worth two in the bush’ (you might know that phrase).