[Ipg-smz] New Job Question: Trial Period to Full Time Staffer

Thu Oct 31 15:46:54 UTC 2019

It sounds like you’ve answered your own question. You’re being asked to take enormous risk.

Absent some form of legal agreement (whether in the form of an official contract, or in the form of some email back and forth indicating such an agreement or that your trial period is expressly contingent on such an agreement), what the trial-period folks don’t know can’t hurt ‘em.

And, from a beyond-legal standpoint: If you “violate” this editor’s expectations and continue writing willy-nilly for all your other clients while still engaging in the “trial period”, what’s the worst that they are going to do to you? What are their enumerable damages? Are they going to sue you or send you a bill? What will their claim be? These are real questions to consider. And if the answer is “They’re not gonna do jackshit”, then that kind of answers the bigger question, now, don’t it?

The “trial period” nonsense has long been a way for writing clients to screw over freelance writers in varying shapes and forms. It seems like you have little incentive to abide by the requested forbearance.

tl;dr: Fuck ‘em.

Joe

________________________________
From: Ipg-smz <ipg-smz-bounces at netpress.org> on behalf of Liam Kelly via Ipg-smz <ipg-smz at netpress.org>
Sent: Thursday, October 31, 2019 11:13:37 AM
To: ipg-smz at netpress.org <ipg-smz at netpress.org>
Cc: Liam Kelly <ljkelly1888 at gmail.com>
Subject: Re: [Ipg-smz] New Job Question: Trial Period to Full Time Staffer

It would be tricky. I doubt that I would still have a job there after a month of not working.

I'm just imagining the situation in which I tell the vendors that I can't work there anymore because conflict-of-interest stuff, and then a month later come back looking for my old job.

On Thu, Oct 31, 2019, 16:08 Sharon Fisher via Ipg-smz <ipg-smz at netpress.org<mailto:ipg-smz at netpress.org>> wrote:
Can you compromise? Can you agree to not write for vendors during the trial period?

On Thu, Oct 31, 2019, 8:59 AM Liam Kelly via Ipg-smz <ipg-smz at netpress.org<mailto:ipg-smz at netpress.org>> wrote:
Ah yes, how could I forget!

On Thu, Oct 31, 2019 at 3:55 PM Mitch Wagner <mitch at mitchwagner.com<mailto:mitch at mitchwagner.com>> wrote:
Seems to me that Beyonce has the best advice here:

https://www.youtube.com/watch?v=4m1EFMoRFvY

--

Mitch Wagner<http://mitchwagner.com/about/>

On Thu, Oct 31, 2019 at 7:42 AM Joe Stanganelli via Ipg-smz <ipg-smz at netpress.org<mailto:ipg-smz at netpress.org>> wrote:

(IAAL, but this is NOT legal advice. This is “If I was in this situation, here’s what I would do.” I am not your lawyer; you are not my client. I owe you no duties and I am not to be trusted.)

If the editor has merely said “stop writing for these other pubs” but there is not an actual agreement to stop writing for these pubs, fuck ‘em. Say nothing and write for whomever you want. You are still freelance.

If they are asking you to agree to stop writing for other pubs, tell them to go fuck themselves because that’s not how the world works.

And, either way, I’d be seriously suspicious of doing any business with these fuckwads moving forward.

I am in a similar situation with a long-time client whose new-ish editor has expressed the expectation that I tell him if I’m writing for other security sites and that I’m not supposed to. I said nothing because I was so stunned to hear such bullshit. And I write for whomever I want.

tl;dr: Fuck these fucks.

Joe

________________________________
From: Ipg-smz <ipg-smz-bounces at netpress.org<mailto:ipg-smz-bounces at netpress.org>> on behalf of Liam Kelly via Ipg-smz <ipg-smz at netpress.org<mailto:ipg-smz at netpress.org>>
Sent: Thursday, October 31, 2019 10:12:01 AM
To: ipg-smz at netpress.org<mailto:ipg-smz at netpress.org> <ipg-smz at netpress.org<mailto:ipg-smz at netpress.org>>
Cc: Liam Kelly <ljkelly1888 at gmail.com<mailto:ljkelly1888 at gmail.com>>
Subject: [Ipg-smz] New Job Question: Trial Period to Full Time Staffer

Hi all,

I've been speaking with a crypto/blockchain publication this week about coming on board to help with their coverage. I will be paid on a per article basis during a one month "trial period," after which, if all goes well, I'll be offered a full-time position.

Now, I also write copy for some crypto/blockchain companies at current. One company is a startup in the space, whereas the other is a PR firm that represents other crypto companies (among other subjects).

The editor has stated that I need to stop writing for these companies before beginning the trial period. I understand his reasoning (i.e. conflict of interest), but it seems risky.

What happens if I cut ties with a chunk of high paying work only to see the full-time staff position get passed on to someone else? I should add that the staff position will likely make up for the loss of marketing work financially, and I have no problem dropping the latter once I've signed a contract to work full-time for this publication.

It is indeed tricky, and I thought members of the group would have some good ideas/counter-proposals. What's a win-win for all parties in this situation?

Thanks in advance,

Liam

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