Contract Instructor BEWARE of Force7 Training

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#3
Working as a full-time independent contractor for twelve years, I worked with a variety of clients. While the overwhelming majority of them were dependable and honest, there were a few who did some rather shady things.

I had one client who owed me thousands of dollars for six week's worth of work in California who closed the business and reopened it in another name just to avoid paying. I had maxed out a travel credit card and had no income for six weeks as a result.

I had another client who canceled a job late on a Friday afternoon a few days before I was scheduled to teach on the following Monday. I had a late cancellation clause in the contract which required full payment for cancellations less than one week before the start of class. They balked at paying me.

I've had clients who refused to pay me by making up frivolous complaints. One client was a large pharmaceutical company. I delivered the class and had the students fill out evaluations, which were all positive. 30 days later when it was time for them to pay the invoice, they made vague comments that I had "used inappropriate language" during the class and had offended the students. Funny that no mention of that was made on the student evaluations. If I had done what they accused me of doing, I would've been dismissed that day not criticized 30 days later when the invoice payment was due.

From that point forward, I required all new clients to pay for all travel expenses in advance and pay 50% of the agreed payment for the work in advance with the remaining 50% upon delivery. Clients with whom I had a prior relationship were on Net 30 terms. My preference was to go through reputable training brokers such as The Training Associates or Alliance Micro Solutions. Eventually the travel and the paperwork became exhausting and I left contract work to go back to full-time salaried work.
 
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#4
It's very sad to see these kinds of things happen. I've never, personally, have experienced this kind of thing, mostly because I've rarely worked the contract side of thing, but it makes me sad to hear of it. I've seen these businesses that exist paycheck to paycheck. Personally, I like Greg's rule; there's a lot of wisdom there - because there is risk involved for both the training house and the instructor. I guess I have always been afraid of that kind of risk, sticking with being a salaried employee myself, doing only contracts as a side hustle.

I know we don't want to get into the practice out here on CIN of blackballing any organization for unscrupulous practices or not paying their bills. But at the same time, I also know our instructors deserve to know they are going to be compensated for their services and that if we run across a business that is ripping off instructors, we somehow know who they are. It takes a lot to become an instructor and it's not something anyone off the street can do.. It's really poor business when that happens. Personally, nice, well documented stories on the Better Business Bureau website or taking legal action and taking the company to Small Claims court would be the first thing on my mind - as well as sharing my experience with the audience at large would be something I'd do for sure.

While you don't want CompTIA to have to adjudicate these issues with businesses and freelancers, it's probably also good that the Partner Program leads know if this is happening with a partner. Doesn't seem right for a company to be able to bear the good name of CompTIA as a training partner if they have a practice of ripping off people.

/r
 
#5
There are some challenges with pursuing payment in the court system. If the client resides in a different jurisdiction, the contract SHOULD state the which locale has jurisdiction for disputes---theirs or yours. If it's theirs, you will have to hire an attorney in that location as well as incur travel expenses to take an organization to court. Even if they don't contest it, the courts can award you a judgement but it still doesn't mean they will pay you. You might have to go to court a second time to get the court to enforce the previous ruling. Eventually, you may be able to get the court to seize their assets or put a lien on their business, but that takes time and will cost you more attorney fees and travel fees. And there is always the risk that they shut down the business. At that point, there is no legal entity left to sue.

Get all travel prepaid by the client and half the training fees up front, with the balance to be paid upon delivery of the class. Reputable organizations often will ask for Net 30 terms, but even that can be negotiated.
 
#6
One thing I have learned about my whole Small Claims Court experience is this.....don't!

Contact the State Department of Labor if this should be your experience. Employers are required to pay employees. So if you have a contract that is signed, they are liable to pay for services you perform. Just wish I had known this before taking Force7 to small claims court.

Again, I hope this helps everyone.

Jim Goughenour
 
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