Darraugh Butler
Junior Member
What is the name of your state? Ohio
I performed work for a county agency for 3 months. I was hired to provide support to their internal staff. I utilized 3 persons for the work-myself, a full-time person on-site and one other individual. Shortly after starting, I was informed that there was a funding issue and that to alleviate that issue my firm would be utilized as a subcontractor to a contractor already performing work. I had worked as a sub for this Contractor before for the same agency, so it seemed like a doable situation. We continued to perform work, were issued contractor's badges and the person on-site was assigned a work area with a desk, phone, computer, password access etc. All work was coordinated between myself and the internal personnel. After 7 weeks I still did not have a signed contract and inquired about payment. Terms agreed to were net 30. It appears that the internal manager did not facilitate the proper paperwork with the Contractor. I brought the issue of late pay to the Agency Director's attention and the internal manager took issue - he said I had stepped on his toes. I did not get paid but was told that I would and we continued to do work. In October, I still had not received payment - again it appeared that the internal manager and the Contractor had not done what was necessary to facilitate the paperwork. I had lunch with the Director and made him aware. The Director told the Contractor to go ahead and put together an agreement for me to sign so that I could get paid. He told him to pay me out of whatever resources were necessary. When I received the agreement it had deliverables, raw labor rates, a multiplier and other data that did not equate to what I had been told by the internal manager. I had no input into the creation of the document. I was told that the same rates that were utilized when I performed work for the Contractor previously would be used. They were not. Therefore, I did not sign it and raised the issue. After a few days of talking through the issues, compromising on a median multiplier and being asked for a revised proposal, I reached an agreement with the internal manager. Subsequently, the Contractor, who was supposed to serve as a conduit for payment started to try and get involved and running inteference in a harrassing manner. I sent an E-mail listing these concerns to the internal manager.
1.Contractor continues to delay payment even though we have been working for over two months. If nothing else he could get us paid while working to resolve issues going forward, especially since the client is in agreement. The fact that in my staff's first introduction to him he responded by asking her how is she going to get paid as he had not seen any paperwork sent a message that there would be a problem. During Phase 1 when we worked with his firm previously as a sub it took over 4 months for us to get a paycheck.
2.Contractor is creating a hostile work environment for on-site person. Until recent, performance of our services was directed, managed and coordinated with Agency. Now he is appearing frequently in the work area where on-site person works to hold discussions with internal staff concerning my firm. Yesterday morning, Contractor held a conversation with internal staff loud enough for everyone to overhear, including on-site person. He was debative concerning our revised proposal, questioned internal staff person regarding on-site person's performance/work hours, asked for tangible evidence that she attended meetings, requested documented proof that certain activities were performed and used profanity. My on-site person was humiliated and felt that he was undervaluing her work, her work ethic and that he was disrespectful.
3. Contractor tries to work/discuss issues with internal staff instead of directly with me. He has held discussions with on-site peson that are inappropriate. Any discussions regarding deliverables, employee compensation, etc., should have been directed to myself and not to the attention of my staff. He alarmed my ono-site employee that there were "pay issues" when he had no right to do so. On another occasion he questioned my on-site person regarding her hourly pay rate stating the possibility of her receiving a higher rate and then stating to her in a teasing manner that he will lower it if he needs to.
4. Contractor continues to ask for deliverables even when there is an understanding between my firm and the client/Agency that the deliverable is time and expertise.
5. Most telling is that he could monitor our work based on what the client/Aagency has said they want--hourly effort yet he is treating our contract like it is the most critical project in their company's portfolio.
I raised these issues to the internal manager, asking that he discuss with Director, arbitrate and address them. Instead he took my aformentioned issues directly to the Contractor. My services were immediately suspended and I was told that the Contractor was refusing to sign the agreement. He was concerned about Title 7 issues. The Contractor said that he would only pay with a letter from the Director telling him to do so. Earlier that day I had received an E-mail from the Accounting liaison saying that the August and Sept invoices were reviewed and approved. When I appealed to the Director, all communication ceased. He did not return my calls or respond to my E-mails. I called the accounting liaison who stuttered and stammered regarding status of payment. I received the following E-mail from Contractor:
We have sent your invoices to accounting to speed up processing if and when we get direction from MSD. We do not have the letter the internal manager described.
Not sure where you sent the contract you claimed to have signed but it was not received here. Considering that draft no linger reflects the status of the present situation, I do not intend to execute that subcontract if I ever receive it. I will continue to await MSD's direction on this matter.
After several calls that were not returned and E-mails, I appealed to the Director's secretary who interceded on my behalf. A meeting was called and the following day I received a letter that stated:
Dear Contractor:
Please process payment from the Phase 2, Program Management Consulting Services
performed under the direction of this Agency from August 6 - October 15, 2007.
Agency takes full responsibility for the deliverables produced by Subcontractor. Agency holds contractor harmless from these deliverables and any issues associated with Subcontractor.
Signed, Director of Agency
I acknowledged that I had received a copy and ask that the check be overnited. I received the check almost two weeks later. I did not receive payment for the October invoice although the Director's letter stated to pay me for all work performed. I have E-mailed an inquiry regarding that.
I am beside myself. I am devastated. I believe that my firm, myself and my staff have been discriminated against and harassed through this entire process. Going back to the initial work that I was involved in with this Contractor I was solicited to be part of a team that is performing work for the Agency for a longterm contract, however, I was the only sub dropped from the roster. I believe I was dropped after raising issues of late pay (4 months) and that I brought the attention of hostile treatment directly to the Contractor (I had a one on one meeting with him).
This situation has created a major financial hardship to the extent that I had to close my business.
I am still waiting on October's pay. However, I want to know if I have any recourse regarding these actions.
DButler
I performed work for a county agency for 3 months. I was hired to provide support to their internal staff. I utilized 3 persons for the work-myself, a full-time person on-site and one other individual. Shortly after starting, I was informed that there was a funding issue and that to alleviate that issue my firm would be utilized as a subcontractor to a contractor already performing work. I had worked as a sub for this Contractor before for the same agency, so it seemed like a doable situation. We continued to perform work, were issued contractor's badges and the person on-site was assigned a work area with a desk, phone, computer, password access etc. All work was coordinated between myself and the internal personnel. After 7 weeks I still did not have a signed contract and inquired about payment. Terms agreed to were net 30. It appears that the internal manager did not facilitate the proper paperwork with the Contractor. I brought the issue of late pay to the Agency Director's attention and the internal manager took issue - he said I had stepped on his toes. I did not get paid but was told that I would and we continued to do work. In October, I still had not received payment - again it appeared that the internal manager and the Contractor had not done what was necessary to facilitate the paperwork. I had lunch with the Director and made him aware. The Director told the Contractor to go ahead and put together an agreement for me to sign so that I could get paid. He told him to pay me out of whatever resources were necessary. When I received the agreement it had deliverables, raw labor rates, a multiplier and other data that did not equate to what I had been told by the internal manager. I had no input into the creation of the document. I was told that the same rates that were utilized when I performed work for the Contractor previously would be used. They were not. Therefore, I did not sign it and raised the issue. After a few days of talking through the issues, compromising on a median multiplier and being asked for a revised proposal, I reached an agreement with the internal manager. Subsequently, the Contractor, who was supposed to serve as a conduit for payment started to try and get involved and running inteference in a harrassing manner. I sent an E-mail listing these concerns to the internal manager.
1.Contractor continues to delay payment even though we have been working for over two months. If nothing else he could get us paid while working to resolve issues going forward, especially since the client is in agreement. The fact that in my staff's first introduction to him he responded by asking her how is she going to get paid as he had not seen any paperwork sent a message that there would be a problem. During Phase 1 when we worked with his firm previously as a sub it took over 4 months for us to get a paycheck.
2.Contractor is creating a hostile work environment for on-site person. Until recent, performance of our services was directed, managed and coordinated with Agency. Now he is appearing frequently in the work area where on-site person works to hold discussions with internal staff concerning my firm. Yesterday morning, Contractor held a conversation with internal staff loud enough for everyone to overhear, including on-site person. He was debative concerning our revised proposal, questioned internal staff person regarding on-site person's performance/work hours, asked for tangible evidence that she attended meetings, requested documented proof that certain activities were performed and used profanity. My on-site person was humiliated and felt that he was undervaluing her work, her work ethic and that he was disrespectful.
3. Contractor tries to work/discuss issues with internal staff instead of directly with me. He has held discussions with on-site peson that are inappropriate. Any discussions regarding deliverables, employee compensation, etc., should have been directed to myself and not to the attention of my staff. He alarmed my ono-site employee that there were "pay issues" when he had no right to do so. On another occasion he questioned my on-site person regarding her hourly pay rate stating the possibility of her receiving a higher rate and then stating to her in a teasing manner that he will lower it if he needs to.
4. Contractor continues to ask for deliverables even when there is an understanding between my firm and the client/Agency that the deliverable is time and expertise.
5. Most telling is that he could monitor our work based on what the client/Aagency has said they want--hourly effort yet he is treating our contract like it is the most critical project in their company's portfolio.
I raised these issues to the internal manager, asking that he discuss with Director, arbitrate and address them. Instead he took my aformentioned issues directly to the Contractor. My services were immediately suspended and I was told that the Contractor was refusing to sign the agreement. He was concerned about Title 7 issues. The Contractor said that he would only pay with a letter from the Director telling him to do so. Earlier that day I had received an E-mail from the Accounting liaison saying that the August and Sept invoices were reviewed and approved. When I appealed to the Director, all communication ceased. He did not return my calls or respond to my E-mails. I called the accounting liaison who stuttered and stammered regarding status of payment. I received the following E-mail from Contractor:
We have sent your invoices to accounting to speed up processing if and when we get direction from MSD. We do not have the letter the internal manager described.
Not sure where you sent the contract you claimed to have signed but it was not received here. Considering that draft no linger reflects the status of the present situation, I do not intend to execute that subcontract if I ever receive it. I will continue to await MSD's direction on this matter.
After several calls that were not returned and E-mails, I appealed to the Director's secretary who interceded on my behalf. A meeting was called and the following day I received a letter that stated:
Dear Contractor:
Please process payment from the Phase 2, Program Management Consulting Services
performed under the direction of this Agency from August 6 - October 15, 2007.
Agency takes full responsibility for the deliverables produced by Subcontractor. Agency holds contractor harmless from these deliverables and any issues associated with Subcontractor.
Signed, Director of Agency
I acknowledged that I had received a copy and ask that the check be overnited. I received the check almost two weeks later. I did not receive payment for the October invoice although the Director's letter stated to pay me for all work performed. I have E-mailed an inquiry regarding that.
I am beside myself. I am devastated. I believe that my firm, myself and my staff have been discriminated against and harassed through this entire process. Going back to the initial work that I was involved in with this Contractor I was solicited to be part of a team that is performing work for the Agency for a longterm contract, however, I was the only sub dropped from the roster. I believe I was dropped after raising issues of late pay (4 months) and that I brought the attention of hostile treatment directly to the Contractor (I had a one on one meeting with him).
This situation has created a major financial hardship to the extent that I had to close my business.
I am still waiting on October's pay. However, I want to know if I have any recourse regarding these actions.
DButler