Some collective representation for IT workers has its advantages and I am
sure disadvantages as well.  One thing that has always annoyed me is how IT
workers are treated by the tax man vs some other occupations and I think a
collective representation could have the power in numbers to change things
like that.

On Feb 3, 2008 2:36 PM, William Seiter <[EMAIL PROTECTED]> wrote:

> I agree that having a union would be good for working with dead beat
> clients
> as well as with obtaining good contracts, but a union should go further.
>  To
> a client, a union has become the essence of 'good training'.  Would we
> have
> an apprentice system?  Would we develop 'union programming standards'?
>
> I think that having a union is a step in the right direction, but it is a
> long road to get there.  Maybe we can have a poll to see how many people
> would support it.
>
> In the mean time I would suggest that everyone have access to a lawyer or
> a
> lawyer system (pre-paid legal).  This way you can have a lawyer draft a
> letter when you aren't paid, and you can have your 'basic' contract
> reviewed.
>
> Regarding contracts.  Does anyone have any contract examples that have
> worked well that they would share with the rest of us?
>
> William
>
> --
> William E. Seiter
>
> Have you ever read a book that changed your life?
> Go to: www.winninginthemargins.com
> Enter passkey: goldengrove
>
> Web Developer / ColdFusion Programmer
> http://William.Seiter.com
> -----Original Message-----
> From: Vincent Cannady [mailto:[EMAIL PROTECTED]
> Sent: Sunday, February 03, 2008 10:10 AM
> To: CF-Jobs-Talk
> Subject: Re: Dead Beat Clients.
>
> Hi Matt,
>
> From what I read you have never had many contracts but I can vouch for
> what
> Angry Housewife says that I too have been paid when I go client locations
> to
> work but when I am up at three o clock in the morning doing work and
> submit
> for those hours I never seem to get paid even if I email or IM the client
> at
> that time. I have worked in the Contracts Department of companies like
> Sprint and Cingular and I have seen them get burned and have to resort to
> Suing to get their money back so again I have to disagree with you about
> negotiations. A Contract is a contract; here are the three ways you can
> break a contract per the UCC -Uniform Code of Commerce
>
> #1 Incapacity- Mentally Unfit to make a contract
> #2 Age - To young to be making a contract
> #3 Breach of contract - One party or another did not complete part of
> contract
>
> So in our case it is almost always number three either the developer did
> not
> do ANYWORK (or they signed a completed project contract)
> or the Client Breached the Contract by not paying
>
> Here is the one I find funny- A Client that breeches the contract usually
> wants to hold you (the Consultant) to a NDA (Non Disclosure Agreement)
> meaning no contact with his or her end client after they terminated your
> services even though they have not paid you.
>
> Ok. So Jeff has some experience with this so have I, I have worked for two
> different Law Enforcement Agencies, Two Different Court Houses in two
> different States, I have friends who are lawyers. I am an expert in
> Contract
> Law. And I always look up clients  on WWW.PACER.GOV (Federal DISTRICT
> Court
> Houses Case Party Index) yet I too get burned so UNLIKE you I do not
> consider getting burned me not KNOWING how to negotiate. I was my School
> Debate Champion and have won lawsuits again Fortune 500 Companies
> representing myself (pro se).
>
> The list she talks about is needed. She also has another point no one has
> picked up on, What about us HAVING A UNION. The all contracts would go
> thru
> the Union anynone not paying would be sued by the Union. Programmer would
> not need to come up with $2000 just to get back $2500. Instead they could
> pay 120 a year or $10 a Month to belong to a "National Technology Workers
> Union" that would have attorneys on staff would could deal with this mess,
>
> I think that until that day comes along we should have this list and if
> the
> Clients want a list of Bad Programmers they had better pay one of US to
> create IT!
>
>
> Just my $10,000!
>
> > On Feb 2, 2008 6:55 PM, angry housewife <[EMAIL PROTECTED]> wrote:
> > > I have watched my husband work very hard for three or four contracts
> > in the last six months where he has only been paid ten percent of his
> > total invoiced hours. My husband never signs a contract where the work
> > has to be completed before he is paid, yet every client of his who has
> > not paid uses this as an excuse not to pay because the work or project
> > is not completed.
> > >
> > > The only work my husband ever seems to get paid in full for is for
> > work done on-site.
> >
> > I'm sorry, but this really sounds like bad business not on the part
> > of
> > the client, but on your husband's part. If the same client did not
> > pay
> > several different contractors, they are probably at fault. If the
> > same
> > contractor doesn't get paid by several different clients, he is
> > probably at fault.
> >
> > Yes there are deadbeat clients out there. Perhaps a list would be
> > helpful. But maybe your husband doesn't need instead of a list of
> > clients to avoid. Maybe he needs some training / help in drafting
> > contracts and dealing with said dead-beat clients.
> >
> > I've done very little on contract myself, but if I ever started, I
> > would seek some help from someone more experienced first. Someone
> > like
> > Jeff Houser on this list generally has the best advice and has
> > experience with clients of all types. He has been burned, but has not
> > come here bitching and moaning and wanting to name names. He figures
> > out what went wrong and tries to fix it for future clients. Your
> > husband (and yourself) would do well to do the same. And / Or hire
> > someone to train / help you learn how to deal with the past problems.
> >
> > If such a deadbeat list were to exist, I may look at it as a
> > reference
> > to "beware" of. But I'm not likely to accept it as gospel that the
> > client will not pay. I would have to question the contractor who put
> > the name there in the first place. Did they really deliver what the
> > client asked for? What kind of communication did he have with the
> > client? Etcetera, etcetera. I know that there are 2 sides to every
> > story. Simply putting a client name on a list is very one-sided.
> >
> > Just my 2 cents.
> >
> > --
> > Matt Williams
> > "It's the question that drives us.
> "
>
>
>
> 

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