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Helping Your Ex-Employer?
ali_bubba asks: "A funny thing happened to me today, I have beeb unemployed for over 5 months, and all of a sudden my ex-Boss calls me and demands (well, it sounded like a demand) that I help her out, because her entire corporate LAN was down. Naturally, she knows that I'm kind person, but boy what attitude, so I did help her save the day. She did not even bother calling me back to thank me, (like if you get slapped, turn the other cheek, as Jesus once said) Has anyone else had this happen to them before? What actions did you take?" While I can understand that some people in this situation may harbor some ill will if place in this situation, it may behoove you to see this as an opportunity, and at the very least, an opportunity to make a little money off of your old company. It doesn't pay to burn bridges, especially if they need something that you can provide. For those who have been in this situation, how did you handle it? For others, if you were offered work from your old job, would you do it, and under what conditions would your perform said work?
Submit an invoice to her for the time necessary to do this (plus transportation, etc.) to her at my previous rate. This may seem harsh to some or weak-willed to others, but it sends a message that you value your time and expect to be compensated.
LedgerSMB: Open source Accounting/ERP
The perfect time to negotiate your hourly rate would have been while the "entire corporate LAN was down." But if you did end up doing the work pro bono, at least your old boss will know she can count on you in the future. Next time make sure to work out the terms ahead of time.
If you end up doing a lot of consulting work, you're going to have to get a business license and (depending on the state) get a tax ID number. Here's a pretty basic article about setting up a consulting business (although it's aimed at Web developers).
If whatever you helped with involved having passwords to sensitive information that you had access to while working there, you might want to "forget" those passwords.. They may be looking for someone to take a fall for a break in...
I had one ex-employer, several months after I had quit, call me and ask for some passwords for their main development server... Mind you that half the office knew the passwords to the server, so its not like I was the only one.. There's no way I was going to say that I knew the passwords..
Just make up an invoive for your labor, you can even charge an on-call fee. A court will back you up as well. Nobody can expect someone to work for free.
No, the court won't back him up. It's the same thing as your friend next door asking if you could take a look at what is wrong with his Windows 95 box. You can't retroactively charge a fee if you didn't agree on one up front. Whether you want to call it work done for good will, pro bono, volunteer or on spec, you can't charge unless both parties understand before hand there will be a charge or both parties agree afterwards there should be a charge.
Never work for a corporate entity free of consideration. If you're inexperienced, that consideration may just be "experience". If they laid you off, you may work on speculation that they will think of you first when they can start hiring again. But if you've been out of work for 5 months, I reccomend that consideration be cold hard cash.
Education is a better safeguard of liberty than a standing army.
Edward Everett (1794 - 1865)
I remember a lesson from my business law course in college. The example they used was this.
If you come home and find that somebody mowed your lawn, you do not own them money because you have no relationship.
If you're at a strip club and you say "no thank you" to a lap dance but she performs anyway, you don't owe a thing because even though they performed a service for which you would normally expect payment, you expressly said you don't want a business relationship.
If you see a kid mowing your lawn and you wave to him (or otherwise prove you know he was doing it), you owe him money. By acknowledging that he was performing a service for which you would normally pay you agree to a business relationship.
If you send a reasonable invoice, you can expect to be paid.
Vanguard
That which does not kill me only makes me whinier
When you work for any employer, you should present yourself to your employer as a professional. In return your should expect treatment as a professional. If you don't get it, you should decline to continue your relationship with your employer.
If a former employer called me for help I would eveluate the request using the criterea:
1. Would helping my former employer violate any agreements I have signed with my current employer?
2. Did the former employer live up to their obligations to me as an employee, and treat me as a professional?
3. Did my employment contract with my former employer include any provision that I provide such services?
If 1&2 or 3 are satisfied I would fax the person a standard consulting contract with my hourly rates. On receipt of a signed contract I would then perform the requested services.
If not, I would decline.
If they don't pay, you print "Past Due" on the bill next month, and send it again. Add 1.5% per month as a past due fee.
If they still don't pay after 90 days, you file a claim in small claims court. Very seldom do things reach that point. If you go to court, and you did the work, you'll get a judgement in your favor. Then either they pay, or you find out where their bank account is and get an order attaching it.
I have to tell this to some of my artists friends now and then. They're always doing little jobs for small businesses and not getting paid. All have been paid by the second invoice.
The one time I went back and did a job for a previous employer, I charged them about a thousand dollars for a weekend. And that was in the 1970s.
Surprisingly, you won't be hated for this. You'll b e respected.
If somebody asks for your services in a context in which it would be normal to expect payment, and you provide those services, they must pay you whether they promised to do so or not. The amount they must pay you may be smaller than what you could have gotten with a contract - but they must pay "a reasonable sum" given the type of service performed, and in a case like this one, "a reasonable sum" might be calculated by reference to contracting rates for the same service.
In legal terminology, this payment is called a "quantum meruit"
IANALY,TINLA
I think the key is What did you do for them? answer simple "Do you remember how this worked?" type questions, or did you diagnose and fix the problem for them.
It is fair to call up with simple questions that are just a matter either "No, I don't recall that", or "It worked like this...". They must be simple questions where you do not have to think. (If you are doing noting else at the time you might hold the line while their experts think out the problem, but don't think for them).
If they want you to think out the problem, you need to charge for services. Be reasonable, but remember you know the system so you are better than the average expert off the street!
P.S. If you are asked simple questions DO NOT think for them. I have been gotten in trouble because of this. In that case I went to my mentor with a simple question that was in his area of expertise, and he took the problem from me, and then complained to the boss that I left all the work for him. (I was asked to leave over that issue, so of course I'm ticked)
If you feel you're being bullied -- your fax, your email, and your caller id are your friends. Lie if you have to, but never stay on the phone with a bully, do everything in writing. Written correspondence gives you a paper trail and it keeps you emotionally protected.
In your case, this lawyer would have sent you a letter stating that he was going to sue (and take everything you own). As a reply, you would have sent him back a registered letter, stating that his client still owed you X amount of dollars plus some reasonable late charges, and you would be happy to send him the code as soon as you got paid. At this point, the lawyer couldn't have done much. If he wrote back to you with some unreasonable demands, he would risk looking like a fool in front of the judge and even worst, he could even risk losing his license for breaking his professional code of conduct.
As to the original post, I have a similar advice. If you're not a good negotiator, cut the phone conversation short and fax (email is obviously not going to work if their network is down) a simple invoice for your work. It doesn't need to be elaborate, just something like "My services, to repair the LAN, are going to cost $1000 per day (minimum charge: one day). Will this work for you? " Date it and sign it and then wait for a response (and don't be bummed out if they refuse your offer, that's life).