After two years of simmering, I still feel Wolfe Merchandising owes me money. I took them to provincial court and won most of what I asked for. I did $4, 830.00 work for them and they only had to cough up $3, 250.00.
They refused to pay my standard freelance fee and ignored all my invoices until I threatened to email the client directly with my invoices (Cineplex Cinemas).
I documented all my work and still have it on file, 400 megs of it. I only went into Wolfe Merchandising at that time, when they called and asked me to. Over the course of one month, if my work was not adequate, they should have told me so.
It was not a pleasant experience dealing with these scammers. I simply asked to be paid what we both agreed on from day one.
When their man showed up in court before a pre-trial judge, he cried poor and that there was no one left working at his company that had any dealings with me. Evidently they had quit or been fired. That speaks volumes about their work ethic towards employees, if that was true.
This chap, Mr. Stafford represented Wolfe Merchandising and said my work had been sub-standard and did not meet his company standards.
Upon hearing that, I pulled out 22 colour samples, which I had kept, instead of dumping into their garbage can. In addition, I had a full CD cut with over 400 megabytes of my actual work files. I also had photographed the finished work I did, displayed at the local Cineplex Cinemas. That means they were paid by Cineplex for the work I did.
At that time, I had been deprived of an income for 4 months and rather close to the edge. Many freelance artists are that way sometimes. The court judge warned me at that time, if I did not accept the offer Wolfe was making, I might not get even half of what I requested.
This put me at a disadvantage. Take the chance, stick to my belief and lose what was rightfully mine, or the alternative. I offered, reluctantly to discount $500.00 and call it even but Mr. Stafford would have none of it. He offered $2, 345.00. That made me see red. I stated my case and my evidence and demanded my full invoice amount. The judge shook his head at me and repeated that I may end up poorer and several more months down the road, waiting. At that time there was also a rumour that Cineplex was not doing well, and may fold. That put a great deal of pressure on my immediate financial future. I felt pressured into an agreement that was one-sided.
I dutifully did everything I was instructed to do, by the department manager (s) and salesman at Wolfe.
I believe their problem was too many directors directing and nobody to see if their goals were clear. To this day, I feel they swindled me for the hard, efficient work I provided under an agreement, and they shafted me for over $1, 000.00. Not because the work was shoddy, but because I had finished the work and collecting money post-production is a marketing ploy with some companies.
I wish we artists had a legal union to kick some butt in the advertising industry, but they know too well we can only act as individuals, incumbent on getting more work.
When they send me the difference in amount owing, I will sleep better, not until.
Doug
Toronto, Ontario
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