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  • Clients that know each other

    #1
    Hi everyone,

    So as many of you may know how this goes. One freelance connection brings another friend who needs some freelance work, etc.

    I've been working for a 1-person company (let's call them 'Person A') for over a year now doing various freelance things for 2-3 days per week (in office).

    Recently, a friend of theirs (Person B) needed some freelance work, which I must admit, is a very fun and well worth it opportunity. A portfolio expander as well.

    I told person A that I was going to do only 2 days this week for them. They said no problem!

    As I am working on Person B's project for one of those days, Person A finds out and sends me a message saying "WTF you didn't come in today because you are working for Person B?"

    This really upset me to many levels because I feel that:

    A) Why does it matter who I do work with on days I am not working with Person A
    B) Person A said it was fine to work only 2 days that week
    c) Portfolio Expander and may actually be leading towards more work in a new exciting area!

    Person B messaged me to let me know that Person A talked to them about how they were upset about my working for them that day. Person B continued to say that I should always put Person A's work first because they are the connection (and I guess out of friendship).

    So now my new exciting work has to be put on hold until Person A says its okay?

    This made me even more upset, because I really needed the work at the moment. I have been taking on many clients this month due to financial struggles of the previous year. I am trying my best gain connections and grow as a designer.

    I find this situation really unfair to me as a designer. I feel as if my work is being dictated by Person A. I'm not sure if it's jealousy or what the real issue is.

    Any advice is welcome. Thanks for reading through a long post.
    Tags: None
  • #2
    Hi sleepyhead28 and welcome to GDF!

    We ask that all new members take a few minutes read through important threads here and here. These will explain our rules, answer frequently asked questions and explain some of the long running jokes you'll run into. Enjoy your stay.

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    • #3
      Can you clarify if A is a client or your boss?

      Because if they're just a client, the reality of the situation is that you haven't let anyone down. If they agree to a deadline or timetable, and you've stuck with that, I'm not sure what they are complaining about?

      Or did you flag A's job and did B's instead of it?

      Comment

      • #4
        Are you regularly working in client A's office?

        Comment

        • #5
          Does Person A decide when and how you do your work? Do you use their equipment or your own? Do you have a contract? What does it say?

          Comment

          • #6
            Technically speaking, Person A is my boss, but there was never a contract. It was always a very low key laid back work situation. When we talked at the beginning of the job - our deal was that I would work 2-3 days a week with a flexible schedule because Person A knows I have other jobs. No problem.

            The amount of time and quality of work with Person A has not changed at all. It's just that one of those days that I freelance away from Person A (like any other week) I happened to do some freelance work for Person B. Also, let me say that I did work for more than one client that day as well.

            I feel that if quality and quantity of my work as an employee has not changed then really the situation should not matter who I work with.

            Also, as a note - Person A and Person B have completely unrelated jobs. They are in no way competing with each other...

            I'm going to have the talk with Person A today at the office. Wish me luck.

            Appreciate the opinions from everyone...

            Comment

            • #7
              Originally posted by sleepyhead28 View Post
              It was always a very low key laid back work situation. When we talked at the beginning of the job - our deal was that I would work 2-3 days a week with a flexible schedule because Person A knows I have other jobs. No problem.
              What was agreed upon at the beginning in regard to who determines when you work?

              Originally posted by sleepyhead28 View Post
              my work as an employee has not changed then really the situation should not matter who I work with.
              Employee? or Contractor? Forgive my denseness, but I am still unclear about your situation.

              It really boils down to whether you are classified an "employee" OR a "contractor". The IRS definition for this is very specific and generally not left to interpretation.

              Comment

              • #8
                I realize I left out some answers.

                Yes, I work in office regularly for Person A and use their office equipment. I am technically an employee because there was no termination date to my working there. There is no contract at all actually.

                As far as who dictates when I work - it's a mixed bag. We agreed that we would work with each other. If Person A has a deadline or needs me on specific days I would agree to that and work everyone else around. If things are not urgent with work with Person A then Person A agreed that I could create a schedule. Person A always asks me what days I want to come in the next week and has a very laid back "do what you need to do and don't fret about it" personality.


                I hope this helps.

                Comment

                • #9
                  Originally posted by sleepyhead28 View Post
                  I realize I left out some answers.

                  Yes, I work in office regularly for Person A and use their office equipment. I am technically an employee because there was no termination date to my working there. There is no contract at all actually.

                  As far as who dictates when I work - it's a mixed bag. We agreed that we would work with each other. If Person A has a deadline or needs me on specific days I would agree to that and work everyone else around. If things are not urgent with work with Person A then Person A agreed that I could create a schedule. Person A always asks me what days I want to come in the next week and has a very laid back "do what you need to do and don't fret about it" personality.


                  I hope this helps.
                  I am not a lawyer or a tax accountant, but in my opinion, based on the info above, you're an employee not a contractor.

                  As such, your employer has a right to determine when and what you work on and even with whom you work. How 'laid back' your boss(es) are with your schedule as an employee, is up to them– not you.

                  On the flip side, if you are in fact an employee and your employer has misclassified you as a contractor, you can contest it. As an employee you would qualify for some employee benefits like; insurance, paid-time-off, unemployment in the event of lay-offs, etc. The IRS link to this info is in my last post.

                  Good Luck!
                  Last edited by PanToshi; 01-24-2013, 02:05 PM.

                  Comment

                  • #10
                    Did you fill out any tax forms? I-9, W-2, W-4? Are you in the US?

                    In general, I think just talk to your current employer. Obviously they'll know or find out if you start doing work for their friend. Try to smooth it over and clear up that as long as you do your work for them on the days scheduled, the rest of your days are yours, whether you want to spend them working for others or watching Battlestar.

                    Just be careful, you don't want to piss off A and lose them both as clients/employers. Best of luck!

                    Comment

                    • #11
                      Originally posted by PanToshi View Post
                      On the flip side, if you are in fact an employee and your employer has misclassified you as a contractor, you can contest it. As an employee you would qualify for some employee benefits like; insurance, paid-time-off, unemployment in the event of lay-offs, etc. The IRS link to this info is in my last post.
                      Yep, we have very strict rules about the on-site contractors we have.

                      Comment

                      • #12
                        Are you using employer A's machines to do the work for client B?
                        that's a whole other legal can of worms.

                        Comment

                        • #13
                          Who pays you for your work with person B? I have a feeling that Person A thinks that Person B is their client and that you are only a contractor or employee. You better clear all this up with those involved now.

                          It doesn't sound like any of this is freelance. What part of this arrangement made you think it was freelance?

                          Comment

                          • #14
                            It's a can of worms sleepyhead... sit down and talk to everyone or you'll lose both clients. Cause they'll band together and make you bad and wrong so they can be right, regardless of the situation.

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