PROMOLIFE: How To Get Your Unpaid Pay!

Updated: Dec 4, 2023

The promo world is a great place to work, but even with that being said, we don't do it for free. It's not rocket science, you submit for an event, you get booked, you work the event, and get paid for your work. But what do you do when the promo agency doesn't send you your payment? Don't get me wrong, late payments do happen. Missing payments happen, too. However, unpaid work cannot be swept under the rug. Tired of promo companies not paying you your hard-earned money? Are they giving you the run-around? Learn how to get some results.

First things, first, let's make sure we're on the same page. Here are some definitions:

Late payment: A payment that wasn't released/paid out on the agreed-upon date or timeline.
Missing payment: When a payment is not paid in full as if it was paid in full (but is missing the rest of the balance due).
Unpaid payment: A payment that is passed any reasonable payout agreement dates or standard timelines of the original agreement.

Ultimately, the goal is to get your proper pay while keeping the relationship with the promo agency in your favor for future bookings, if possible. Going in guns blazing is not tactful. Yes, they owe you the money and you are within your rights to even demand that you're paid, but in business, it is better to have a certain finesse. Above all, be professional, pay attention to tone, be clear, and direct. Promo Agencies are not out to get you or get over on you. Sometimes things slipped through the cracks. But that doesn't dismiss the scammer promo companies out there existing amongst the good ones.

Now let's get started.

You need to determine if the gig you worked was a W-2 or 1099 agreement.

Why does this matter, you ask? If the gig is a W-2 gig, then you can get guidance with recovering your unpaid pay from the Department of Labor (from either your state or the state the promo company is registered in). When the gig is a W-2, you are considered an employee and you have certain employee rights. So before you start going back and forth in the emails about your unpaid wages, get a better understanding of your particular situation. There are laws in certain states that require the employer to pay within a certain timeframe because the company is claiming you as an employee. Some of you are fighting battles that already have laws in place to back you up. Once you are informed of how the law can help you, move forward from there.

If You Are A 1099...

Even if you are a 1099 contractor, get in contact with the Department of Labor to know what laws will impact your pursuit of non-payment. Next, I'm not going to tell you what to do, instead, I'm going to tell you what I do.

Step 1: I reach out to the staffer of my event and ask them when is the pay for the event in question going to be paid out. You need to know this date. It is better to begin the process of collecting the missing payment(s) ASAP. It tends to become more time-consuming the longer you wait to address the matter.

Step 2: Now that you have the assigned payout date, I then compare that date to the current date. If that payment date hasn't come yet. I'll chill out and re-examine the matter and move on from there. If the time has passed, I ask the staffer who do I contact to get the matter resolved.

Step 3: If the staffer volunteers or proceeds to check on the matter on my behalf, I make sure to follow up with them in a few business days if I haven't heard back from them. It helps to establish a timeline of when I started the process of recovering unpaid wages. I keep my email communications to the point and bullet point the information I want to know. However, if the staffer gives me a contact of whom to reach out to, I use it. I no longer contact the staffer on the matter.

Step 4: In my email to the appropriate contact, I get the answers I need: I ask if the payment was actually sent. If so, I further investigate. If the payment hasn't been sent, I ask if there is any information or paperwork the company needs from me that caused the non-payment. If so, I submit what they need and ask for a new payment date. No matter which direction this conversation goes, my aim is to get 1.) the steps to resolve the matter from the promo company, 2.) a payout date, and method of payment.

Step 5: A few days prior to when the payment is to be issued, I send an email to my contact inquiring that everything is still a green light that my payment will be issued. Sometimes I don't get an answer back but the payment comes through. And sometimes, the company takes the opportunity to expose any hiccups that they didn't get around to updating me on. Yes, it sucks that you have to help them do their job but this is a part of the game. As a 1099, you are your own debt collector. If I don't receive payment as planned, I email again, and in that email, I request an answer as to why I haven't received my payment, I include any laws that are being impacted, verbiage from the original contract, the number of days the payment is late, and I wait for a reply. Usually, at this step, I've received payment.

It is important to note, that if you vetted the promo agencies properly before working with them, it's safe to communicate in good faith. Good promo agencies are not here to scam you, including the ones who are unorganized or spread thin. It is key to maintain your good rapport because as a B2B arrangement, 2 businesses are working together to resolve the matter. Be careful how you speak and how you approach this situation. Remain professional and fair.

Step 6: If I get no reply, or my payment doesn't come through as promised, I send an email letting the company know asking for an overnight solution given the circumstances. If the situation deems necessary, I inform them that I will be leaving reviews for others to see along with possible legal actions.

Step 7: If I don't get my payment ASAP, I follow through with my word. I leave reviews on Facebook, in Facebook groups, on Google, LinkedIn, promo gig boards, and the BBB (because 'I got time today'). I don't take any of it down until I'm paid and even then, I only update the review.

Step 8: I, personally, don't let this go on over 30 days because time has already passed since the original date it was supposed to be paid and if I'm still not paid, I go seek legal advice and move forward from there.

NOTE: I haven't gotten to Step 7, but I've only gotten to Step 6, once. I'm usually able to get the matter resolved between steps 3 - 5.

In conclusion: Vetting the promo companies you work for helps to limit the occurrences of nonpayment. Making sure you have completed the on-boarding process properly helps, too. Also, don't wait forever to begin pursuing the payment of your wages. Waiting too long makes the water muddy for no reason. Much luck o you.

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BLOG: 3 Red Flags When Booking Events

You've already read PromoLife Hacks #Flights #Travel #Airports Part 1, right? You asked for more and here it is. In the promo game, there is always a desire to save money to retain the money we earn as much as possible. Here are some hacks that may help you! Please keep in mind that some of these hacks may be more beneficial for certain areas than others.

But this edition will focus on securing flights!

As many of us know, promo companies have become more focused on hiring local staff to prevent paying us for traveling expenses. However, we also know that some staffers will still book you if you pay for your own travel expenses. The problem is ... *insert drumroll* ... YOU have to pay for your own travel expenses, especially if the event is around the corner. Here are a few ways to lower your out-of-pocket expenses for travel arrangements.

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Shoes Edition

Because having shoes just for promo work makes too much sense. Here are some comfy options to purchase that come in black or white as mostly requested by clients who book events.

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