[aaron313]

Hello trusted HFers,

At the end of last month, I made an agreement to tutor a lady's eighth grader for the cut-rate price of 35 per 1.5hr. We agreed on two lessons per week on Fri/Sat. She promptly wrote me a check for the full month's lessons (which cleared). The first two weeks went fine, until one day she told me (without warning) to tutor her 11th grader in Chemistry for one hour, and then do the regular 1.5hr session. I was miffed because her conduct was unprofessional. Then, she did something that really made me angry. I told her that my rate for high schoolers was higher (35/hr), and that it was wrong of her to not tell me in advance that I was going to tutor for 2.5hr instead of 1hr (I don't want to sound like a whiny bitch, but her place is hot as Hell, which sucks the life out of me). She said that the "agreement" was 35 per 1.5hr, so it was 25/hr, to which I responded "But that was for your middle schooler; my rates are different for more complex material. I felt no need to discuss that with you at the time, as it was irrelevant." She disagreed, and I was too worn down to fight her (or even give an answer), so I left very angry.

Then last week, her son ran out of material for me to help him with after 1hr. Not MY problem, and I tried to make suggestions to use up the full lesson time. The mother said that she was going to PRORATE the lesson cost, and that I also wouldn't be needed the following day. She said that she was going to take $20 off my next month's check (more on that later), since I only worked for 1hr that day, and that the difference between the next day and the older son's lesson was $10 (plus the $10 she took off for the prorating). This also made me angry, but I didn't fight it (because, hell, I already cashed her check). You can't prorate lessons that have already been paid for.

Then today, she called and canceled today's lesson, and told me that she'd call to let me know if I'd be needed tomorrow. Grrrr...

But now here's where the moral issues come to a head, for me at least.

I don't want to continue teaching her son next month, because she keeps canceling randomly at the last minute, and expecting her money back. Since I've already been paid for the month, I feel like it's not on me if she doesn't want my services, especially if I am ready and willing.

So, since there's not going to be a next month, there is no money for her to subtract from the nonexistent check. I feel like since she decided to pay me for the MONTH (no way to prove it actually was for hourly, and I never asked for the money all at once), I can simply cut and run. No extra money for that one random lesson, no refunds for the last minute cancellations.

I was originally going to draft a contract, but I thought that would require me to get some sort of license and make things formal.

So, my question to you guys is: should I (at some point when I actually have money) send her the money for the lessons she canceled (all without 24hr notice, which is rude)? That's what the angel on my one shoulder is telling me. But I am in a devilish mood because of how she treated me, so you know how I feel like responding at the moment.

And my other question is: am I allowed to have a written contract without a license? I prefer being paid per lesson, in cash, to negate the need for these quandaries. I don't like verbal contracts, but written ones can get legally complicated (I suspect).

End of story.

-Aaron

PS: I'm very tired right now, so I may have rambled a tad.

 

[Currawong]

Do the right thing, otherwise, you doing the wrong thing will re-enforce whatever negative impression she has of you and will come back to bite you on the arse, as guaranteed she'll tell everyone and their dog how you ripped her off.

 

[Edwood]

As a freelancer, I often come into instances where a client can mistakenly overpay.

My advice is from a practical angle.

A lot of work comes from word of mouth. Your reputation is your biggest asset. I'd say refund the difference to her, and be done with it. Don't bad mouth her or her son, keep it to yourself. You don't want to burn bridges that could lead to more opportunities in the future. Ethics pay off when you work for yourself.

As for contracts and licenses, it really depends on how you file your taxes and your city's tax laws. In most cases you don't need a license to have a written contract. Now you might need to have a business license to operate as a business in your city. Either way, in California, the Franchise Tax Board can and will share information with your city if it so chooses, but that has nothing to do with payment contracts.

What you should do is write up a formal Invoice / Purchase Order. She is paying you for services, so you should put in writing the agreed upon amount and whatever contigencies in the paperwork. It's not all that different when you sign a price estimate from a Car Mechanic or at your Doctor's Office.

That is usually more than enough to provide payment liability. But often in the end, you end up having to negotiate if you have a deadbeat client. I was out about $11K with one client that filed bankruptcy. But live, learn, and move on.

Good luck.

-Ed

 

[aaron313]

Quote:

Originally Posted by Currawong /img/forum/go_quote.gif Do the right thing, otherwise, you doing the wrong thing will re-enforce whatever negative impression she has of you and will come back to bite you on the arse, as guaranteed she'll tell everyone and their dog how you ripped her off.

Yea, well there's no chance she'd get the money back in the near future (no job, no money). Plus, she has a positive impression of me thus far, because she thinks I can be molded to do whatever she pleases. I probably will just tell her that she can wait a while for her $70. That seems to be most ethical way to resolve things. But there is no ****ing way I'll let her prorate a lesson, or pay me less than my usual hourly rate for HS students. Those are MY terms. I don't tutor for under $30/hr (especially considering I drive to the location).

But what do you think of the way she's jerked me around thus far? Not fair. But on the other hand, I've learned a lot from this experience.

As for Ed's comments... I hope to never have to be in a situation where I'm dealing with very large amounts of money. That's why I like cash on the spot. Period. My future jobs will be industrial, and so there's no way I can get screwed (but I could get laid off

)

 

[chowk]

Cool off before making a decision in the heat of the moment.

Sounds like you don't want to tutor this person, so I would suggest:

a) total up the cost of lessons given (let her have her pro-rated 1 hour lesson)
b) issue a refund for any money she is owed
c) politely inform her that the last minute cancellations / changes mean you will be unable to continue tutoring her children

While cutting and running might make you feel good, it might damage your reputation as a tutor.

HTH

 

[chowk]

For the next time, might save aggro if lay down the ground rules for
a) payment
b) cancellation
c) what happens if a lesson ends early

 

[aaron313]

Quote:

Originally Posted by chowk /img/forum/go_quote.gif Cool off before making a decision in the heat of the moment. Sounds like you don't want to tutor this person, so I would suggest: a) total up the cost of lessons given (let her have her pro-rated 1 hour lesson) b) issue a refund for any money she is owed c) politely inform her that the last minute cancellations / changes mean you will be unable to continue tutoring her children While cutting and running might make you feel good, it might damage your reputation as a tutor. HTH

a) If I let her prorate the lesson, then that would be below my self-imposed 30/hr minimum. Not going to happen.
b) I will probably end up doing this.
c) Yes, this is exactly what I was going to tell her regardless.

And yes, I want to maintain a good rep.

 

[ClieOS]

I am kind of agree with the opinions that you should pay her back. If you don't have the money, than exchange with a few extra lessons. After all, reputation is hard to gain but easy to lose.

 

[FrederikS|TPU]

Don't do it. If anything differs from what you agreed on to begin with you have the right to renegotiate the deal. If she won't do it tell her politely that this is not the way you do business and that you will have to end the lessons.

And you can do a written agreement with her not sure about contract that usually involves an unbiased party with knowledge of the laws in that particular area.

I hope everything works out for you.

 

[aaron313]

Quote:

Originally Posted by FrederikS|TPU /img/forum/go_quote.gif Don't do it. If anything differs from what you agreed on to begin with you have the right to renegotiate the deal. If she won't do it tell her politely that this is not the way you do business and that you will have to end the lessons. And you can do a written agreement with her not sure about contract that usually involves an unbiased party with knowledge of the laws in that particular area. I hope everything works out for you.

Wait, you mean don't return the money? Well, I am ending the lessons regardless. I have never canceled on her, and if I have to cancel tomorrow, I with definitely return that money. My reasoning for not returning the other money is that she is in breach of an informal contract.

 

[FrederikS|TPU]

I would return the money for hours she has not "used". That is the most fair thing to do. It always sucks when you are forced to drop a client because of them trying to squeeze you to do stuff for less than what was agreed upon.

 

[nsx_23]

I think you should just cut that prorata loss and move on. Seriously, I tried my hand at tutoring/teaching, and one of the things that really put me off is clients who constantly think that because you're a teenager and they're an adult that you must obey them and play on their terms.

Just refund ALL of the money, than politely, slowly and clearly lay-out your reasons for why you don't want to tutor her kid anymore (e.g. constant cancellations, you have to drive out to her place, the prorata thing). Perhaps she may like you enough (You make it sound like she likes having you around to teach her kid, which is a good thing) to cut out a new deal/contract with you that BOTH parties are happy with.

There's always a good way to resolve conflicts like this. Don't get emotional over it. That small loss to ensure a good reputation is worth it.

 

[stevenkelby]

Quote:

Originally Posted by nsx_23 /img/forum/go_quote.gif ...

As above

You don't owe her anything but you owe yourself to be the best man you can be. I advise letting her pro rate you that once, make it clear it will never happen again.

The outcome will be that you learn that you are capable of going against your own policies and surprising yourself with your generosity and professionalism. Small price to pay. Refund the cow.

 

[nsx_23]

Exactly. You win the moral high ground anyway.

 

[aaron313]

Quote:

Originally Posted by nsx_23 /img/forum/go_quote.gif I think you should just cut that prorata loss and move on. Seriously, I tried my hand at tutoring/teaching, and one of the things that really put me off is clients who constantly think that because you're a teenager and they're an adult that you must obey them and play on their terms. Just refund ALL of the money, than politely, slowly and clearly lay-out your reasons for why you don't want to tutor her kid anymore (e.g. constant cancellations, you have to drive out to her place, the prorata thing). Perhaps she may like you enough (You make it sound like she likes having you around to teach her kid, which is a good thing) to cut out a new deal/contract with you that BOTH parties are happy with. There's always a good way to resolve conflicts like this. Don't get emotional over it. That small loss to ensure a good reputation is worth it.

Well, I'm not a teenager, first off. Even if I were, that's no excuse for treating a person like ****. And I conduct myself in an extremely professional manner (primarily by not getting into an argument in front of her children). If that is not reciprocated, I pretty much feel like terminating contact with the client immediately. Sometimes I let the money get to my head, and I end up doing work I otherwise would prefer not doing.