Should You Tattle On A Bad Client?
Posted May 9, 2008 in Business 15 Comments »
I frequent a lot of forums and blogs where freelancers post. As I read through the forum and blog posts, I often find that other freelancers have posted complaints about the actions of clients or former clients.
Usually the posting is done in such a way that the client cannot be identified, but sometimes a client’s name is actually mentioned in the post.
By complaining publicly about their clients, these freelancers are engaging in a practice that most career consultants advise against: they are burning their bridges behind them.
A traveller who crosses a burning bridge cannot return the way that he or she came. Likewise, a freelancer who publicly criticizes a client probably will not get future work from that source.
Personally, I follow the policy of trying to work out any difficulties that I have with my clients directly with them, rather than complaining about them publicly. Once in a while, there are good reasons why a client may not be cooperating with a freelancer. Here are just a few:
- The client may be new to the business world and just learning the process. In time, and with your help, a newbie client could become one of your best clients.
- The client may have fallen on difficult circumstances that are beyond their control. (Yes, sometimes emergencies really do happen.)
- The client may be working for or representing someone else. We all have to start somewhere, and that includes your client. Do you remember your first job?
- I prefer to give a client the benefit of the doubt unless the evidence is clear. (That doesn’t mean that I’ll readily jump into the next project with the troublesome client. It just means that I will reserve judgment until I am sure.)
However, although I’ve never had to do it, I actually do believe that there are some times when you are obligated to publicly inform other freelancers of a client’s bad behavior. Here are three of those times:
- When the “client” is conducting a scam. Sadly, there are a few con men that pose as a legitimate clients. Sometimes their goal is to get free work, but it is just as likely that they are trying to gather personal information from the independent contractor. If a client is defrauding others, then your warning could keep others from becoming victims. You should also file a complaint against a scammer.
- When the client’s behavior is illegal. If you become aware that your client is engaged in illegal activities in the course of doing their business, then you have an obligation to let others know. As soon as possible, you should make law enforcement officials aware of the situation, sharing with them the details of what you know.
- When the client behaves in a way that is both unethical and immoral. Once in a great while a client’s behavior may be legal, but it is so immoral or unethical that you must take a stand. Admittedly, this is a tricky decision, because not everyone has the same morality. However, if you think that a client is engaging in an activity that is likely to eventually become illegal, then you should definitely take a stand.
An Important Word About Libel
I am not a legal expert and this blog post does not constitute legal advice. However, if you publicly expose a troublesome client, then you must make sure that you have factual evidence to support your statements. You should never make statements based solely on your suspicions. If you do not have any evidence, then it is quite possible that you will be charged with libel. In cases where there are no supporting facts, it is better to just walk away.
Have you exposed a problem client? Why, or why not?
How did it go?
Laura
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About the author: Laura Spencer is a freelance writer from North Central Texas with over 18 years of professional business writing experience. If you liked this post, then you may also enjoy Laura’s blog about her freelance writing experiences, WritingThoughts.
About the author: Laura Spencer is a freelance writer from North Central Texas with over 19 years of professional business writing experience. If you liked this post, then you may also enjoy Laura’s blog about her freelance writing experiences, WritingThoughts
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15 Comments
Bob Younce at the Writing Journey
May 9th, 2008 at 9:02 pmThis is a tough one, Laura. On the one hand, you want to be able to warn others. On the other hand, you don’t want to burn any bridges or risk libel, like you said.
My take on it is this: it is inherently unprofessional to tattle publicly. Giving identifying information, or even releasing specifics that make the client identifiable, is risky and just bad form. Blogging about it is right out.
You can, however:
Talk about the situation in generalities, as in “watch out that X doesn’t happen to you.
You can also talk about it to colleagues who you can trust.
If the client’s behavior is illegal, you can talk to an attorney.
James Chartrand - Men with Pens
May 10th, 2008 at 7:27 amSometimes, it’s so bad that you just have to tell someone. But you should never mention names or business names. And you should also vent sparingly. It’s not something you should get into the habit of doing.
I’ll add a caution: Slander is an offense punishable by law. If you comment about a business or person and they can prove that your comments have damaged their reputation or business, you can be sued.
Even in Canada.
pam
May 10th, 2008 at 9:03 amdelurking for this. it’s not just that client you risk not getting future work from, it’s all clients, even good ones. i have to sign a lot of NDAs and by discussing those clients on my website, i run the risk of violating the NDA and outing myself as a whiner. who wants to hire me when i don’t observe standard contract AND i’m a public complainer.
if something illegal is happening – crime, harassment, oh, i dunno, exploitation… then yeah, action is required. but even when you act, you want to be on sturdy legal ground. typically my clients have way more resources – they could even have a lawyer on staff. me, not so much so. i’d contact hr at the company with my issues (if i’m getting nowhere with the individuals).
public outing? rarely a good idea.
Laura Spencer
May 10th, 2008 at 10:25 amI actually have never had to expose a client or even experienced a situation where I thought about it. I’m extremely picky about who I will work for and have always been able to work out any differences.
However, I see freelancers complaining all over the Internet, and it makes me wonder.
Bob, I like your comment about talking in generalities. I think that’s probably the safest thing to do and you can still feel as though you’ve warned others.
James, I think venting is one reason why it’s good to have close friends. In the safety of that environment, I can see giving specifics – because you know that what you say to your friend stays with your friend. (What’s up with the “even in Canada” bit? I always thought Canada had very similar laws to the U.S. At any rate, we now know that there’s no escaping to Canada…)
Pam, great point about NDA!. I’ve had to sign those, especially on technical writing projects. Having a bad experience doesn’t negate your obligations from any contracts that you’ve signed. In fact, if you feel the client has violated their end of the deal you can see an attorney, but you should still uphold yours.
Two resources that I probably should have mentioned include the Better Business Bureau and the U.S. Federal Trade Commision – especially if you feel that fraud was involved.
Katharine
May 10th, 2008 at 12:30 pmThe one time I exposed a client was when I found out that its global parent company was known to sponsor arms (weapons) fairs. Especially because the client was a medical publisher, helping to save lives, I felt that I was violating my ethics in working with the publisher while knowing that some of the money earned from the client’s publications could have been helping to support its parent’s division that hosted arms fairs, where governments’ military organizations placed orders for weapons that would be used to kill human beings. I told colleagues about it on several profession-related e-mail lists, in case they were unaware of the parent company’s documented activities and would have an ethical problem working with the client.
I was not the only one troubled by this issue. Researchers around the world boycotted the materials published by that client; they refused to submit articles to be printed in those materials. A prominent medical journal even published editorials against the parent company’s association with arms fairs. Some of my colleagues were appalled that I would inform anyone about the parent company’s dealings; most others agreed that I had taken morally appropriate action. A few were just concerned that I was doing myself out of a source of income. The loss of income did not bother me; I have to be able to look myself in the mirror each day.
Before I stopped working for that client, I told the people involved why I was stopping work and that I would be interested in working with them again once the parent company divested itself of all associations with arms fairs. They were understanding. I even recommended two freelancer colleagues who would be willing to work with the client in my stead. Also, when any researchers came to me for editorial assistance with articles that they wished to submit for inclusion that client’s publications, I explained why I could no longer edit materials that were to be associated with that client and suggested that they either consider publishing with other clients or working with another editorial freelancer if they still desired to work with the client’s publications.
The worldwide boycott worked, and the parent company has stopped sponsoring the weapons fairs. I am once again working with the client.
Laura Spencer
May 10th, 2008 at 1:31 pmWow Katharine! That’s an interesting dilemma that I hadn’t thought about.
This is definitely an example of taking a stand on moral/ethical grounds.
Also, I don’t think that it would have been considered libel or slander because it’s likely that the information was already publicly available (although perhaps not widely known).
Thanks for adding this element to the discussion.
Katharine
May 10th, 2008 at 1:38 pmYes, you’re right, Laura: the information was publicly available but not widely known in some circles. What I learned from that situation was to do an Internet search to learn all that I can about a potential new client, its associates, and its parent company before accepting any projects. That might help a freelancer from ending up in a morally or ethically sticky situation in the first place.
Katharine
May 10th, 2008 at 1:39 pmArgh! I meant: That might help keep a freelancer from ending up …
Susie
May 12th, 2008 at 1:18 pmKatherine, that is an amazing story of loyalty to your ethics, so many would not take such a stand, you should be quite proud of your integrity.
I do not believe in burning bridges either, I know there are cases when the choice is not truly ours, but if given the choice, it is smarter not to and leave that avenue open, you never know where that bridge could be needed in the future.
freelance seo
May 12th, 2008 at 10:58 pmBeing in the business of SEO (search engine optimization) I always run across clients who have out of this world demands, such as wanting to pay $100 to rank #1 on all search engines for 20 broad single-word keywords in less than a month. Many times I waste my breathe trying to explain to the clients that their demands are unrealistic but with so many shady SEO the clients hold on tightly to these views that its possible, regardless how I try to deprogram them. I usually find the humor in this and plenty times I write it to my blog or publicly flame these clients without revealing their direct name or company. I guess it’s just one of those things where it’s just so out of this world demands that I just have to say something to someone (everyone).
Robin S.
July 3rd, 2008 at 2:54 pmHello!
I am currently dealing with a client who owes me for two months worth of work. I’ve emailed her countless times with ‘friendly reminders” and then resorted to a little stronger tactic like threatening to file a complain with the BBB and her state’s attorney general’s off ice and yes, exposing her on some writers/designers forums. When I sent this email, I all of a sudden got a response. I’ve also recently found out that she has 2 unsatifactory ratings with her state’s BBB and has stiffed several other writers.
Personally, I would have LOVED it if this info about her was on the web somewhere BEFORE I agreed to work with her. I definitely wouldn’t have if I’d have known what a deadbeat she is. It would have saved an awful lot of grief and stress. So, I’m sorry but I will have to disagree about not exposing the slime that refuses to pay their freelancers after the work is submitted…and used.
M.
July 11th, 2008 at 10:37 amI recently had an unfortunate experience where the client was less than gracious. I hadn’t worked with them before, but it did not go well. Not only did they refuse to pay, but this refusal was included along with several personal insults.
I agree with speaking about clients in generalities, but in this case I was very tempted to publicize the experience or file a complaint with sites like ‘The Ripoff Report’. Fortunately, all of our communication was in writing, so everything I’m reporting would have evidence to support it.
In the end, thought, the fee wasn’t big enough to get upset about. The only thing that would prompt me to expose the client is the belief that I’m probably not the first freelancer they’ve treated like this, nor will I be the last.
Some people are just disgusting human beings. It’s a fact of life.
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