Seeking advice on the legality of retroactive reductions Thread poster: m_a_a_
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m_a_a_
Greece
Local time: 22:02
English to Greek
+ ...
Hello folks.
Been working for a certain translation agency for about five years and a half.
Decent rates, decent work volume, at a fairly decent pace. All good up until recently.
At the beginning of last September, I got a really big job – one of the two largest I've been assigned during my time with them.
Worked on it throughout September. Delivered on the 30th. My work was reviewed, and eventually (I guess) delivered to the client.
Some time... See more Hello folks.
Been working for a certain translation agency for about five years and a half.
Decent rates, decent work volume, at a fairly decent pace. All good up until recently.
At the beginning of last September, I got a really big job – one of the two largest I've been assigned during my time with them.
Worked on it throughout September. Delivered on the 30th. My work was reviewed, and eventually (I guess) delivered to the client.
Some time in November, I got my pay, which (needless to say) was included in my taxable income for 2022.
Then, all of a sudden, about a week ago (i.e. 6 months later!) I got an email from one of the project managers for that job, saying the client had gotten in touch with them, claiming my translation was Google Translate-quality, so they'll be cutting $1,000 from my future payments.
(pause)
Here are my current thoughts on the matter, after having done my best to recover from the shock:
1. I know for a fact that I haven't even TOUCHED Google Translate. Btw, sometimes I get so-called post-editing jobs, where I'm supposed to rectify some kind of machine translation in order to make it readable. BUT, this was not the case here. This was regular EN>SV translation, i.e. I got the EN source on the left, and empty target cells on the right, which I populated myself, 100% manually.
2. I asked them if they had a third party check the validity of the client's allegations. Yes, they had. They sent me a "sample" excerpt of his/her comments, which included stuff like double whitespaces and a few spelling inconsistencies in cases of words that can actually be spelled in two different ways (e.g. acne/akne). Not exactly what you'd call evidence of machine translation.
3. Company's instructions included "rolling basis delivery" and "prioritize TM". So, in the case of the aforementioned example, I may have rendered "acne" as "akne", and then delivered that file on, say, September 5. Then, later, I may have encountered the term again, this time in a sentence that got a match in the TM, where the EN spelling "acne" had been retained. So, I may have left it be. Besides, TM matches are (more or less) excluded from my payment. And I mean, what's the point in "rolling basis delivery", if not to check for undesirable renditions, and ask me not to apply them in the remainder of the files? I was delivering files (about 150 of them in total, if I remember correctly) throughout September, without ever receiving any complaints at the time.
4. My contractor agreement includes a clause about me agreeing to have my work reviewed, and the Company having the right to withhold and/or reduce my payment, and/or terminate our collaboration, if it is determined *in Company's sole opinion* that my work is *sub-standard, deficient or incomplete*... But the thing is, they did review it, they did determine it was deliverable, and they did pay me for it. Reducing my future payments means, in effect, that they'll be cutting (if not withholding altogether) agreed-upon payments for assignments that have nothing to do with the translation –let alone the client– in question. If such practice is permissible, then I guess they can hypothetically do the same thing with any of the jobs I have delivered during the last five years and a half…
I guess there's more, but I'll leave it here for now.
As you can imagine, any sort of insight or advice would be greatly appreciated.
Thanks a ton in advance.
[Edited at 2023-03-23 17:58 GMT]
[Edited at 2023-03-23 17:59 GMT]
[Edited at 2023-03-23 18:01 GMT]
[Edited at 2023-03-23 18:01 GMT] ▲ Collapse
| | | | Andriy Yasharov 
Ukraine
Local time: 22:02
Member (2008)
English to Russian
+ ...
| Sad situation | Mar 23, 2023 |
In general, retroactive reductions of payment can be problematic and may be illegal, depending on the specifics of your situation and your jurisdiction's labor laws.
You may want to consider the following:
Your contractor agreement
It's important to carefully review your contractor agreement to understand your rights and obligations. If the agreement allows for retroactive reductions, then it may be more difficult to challenge the reduction. However, even if the ... See more In general, retroactive reductions of payment can be problematic and may be illegal, depending on the specifics of your situation and your jurisdiction's labor laws.
You may want to consider the following:
Your contractor agreement
It's important to carefully review your contractor agreement to understand your rights and obligations. If the agreement allows for retroactive reductions, then it may be more difficult to challenge the reduction. However, even if the agreement allows for reductions, they must be reasonable and proportional to the alleged substandard work.
Evidence of substandard work
It's not clear from your message what evidence the agency has provided to support their claim that your work was substandard. It's essential to carefully review any evidence they provide and to assess whether it is reasonable and relevant to the specific work you delivered.
If you believe that the agency's decision to reduce your payment is unjustified, you may want to consider raising your concerns with them in a clear and respectful manner, explaining your reasons for why you believe that your work was of high quality and asking for more evidence to support their claim.
Your legal rights
Depending on your jurisdiction's labor laws, retroactive reductions may be illegal or subject to specific restrictions.
The agency's reputation
It's worth considering the agency's reputation and how they treated other translators in the past.
If they have a history of unfair or abusive practices, then it may be worth taking a more aggressive approach to challenging the reduction.
Your relationship with the agency
Finally, it's important to consider your ongoing relationship with the agency. If you want to continue working with them, then it may be worth trying to negotiate a reasonable compromise that protects your rights while also addressing their concerns.
[Edited at 2023-03-23 19:40 GMT] ▲ Collapse
| | | | Joakim Braun
Sweden
Local time: 21:02
German to Swedish
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Why would you ever want to work with them again? (Except in the case of really pressing economic need.)
Even if they were entirely right about the translation quality, complaints and deductions 6 months after the payout isn't good practise. They could have initiated an open quality discussion, or swallowed their loss and stopped working with you. (That they haven't indicates they find your translations acceptable.)
How do you offer a rate to a customer who returns much ... See more Why would you ever want to work with them again? (Except in the case of really pressing economic need.)
Even if they were entirely right about the translation quality, complaints and deductions 6 months after the payout isn't good practise. They could have initiated an open quality discussion, or swallowed their loss and stopped working with you. (That they haven't indicates they find your translations acceptable.)
How do you offer a rate to a customer who returns much later and imposes arbitrary deductions for jobs delivered and paid? Impossible. The trust is gone, and so is the relationship. ▲ Collapse
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I suppose in the meanwhile you have been working with them and they are owing you money, so before dumping them, I would find a lawyer to deal with this matter.
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Joakim Braun
Sweden
Local time: 21:02
German to Swedish
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| Treat it like any other nonpayment | Mar 25, 2023 |
Maria Teresa Borges de Almeida wrote:
I suppose in the meanwhile you have been working with them and they are owing you money, so before dumping them, I would find a lawyer to deal with this matter.
If the agency withholds payment, and you're both EU based (where the legal process is simple), I'd treat it like any other unpaid invoice. Send them the regular reminders for the unpaid amount ending with taking out a European payment order. At that point, if they contest it, you have the choice of folding or taking legal advice about going on to court (where the loser pays all costs).
The amount is small from an agency perspective, and their position doesn't look very solid or ethical. They might prefer to pay and be done. You're not risking much except the legal application fees, which are quite low (and reimbursed if you win). The customer relationship is obviously gone if you choose this type of action, but IMO it's already beyond retrieval.
IANAL, but that's what I'd do in the EU. I suspect the agency is not in the EU...
[Bearbeitet am 2023-03-25 11:03 GMT]
| | | | Michael Newton
United States
Local time: 15:02
Japanese to English
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The translation is Google translate quality. This sounds like a scam to me. Just to get out of paying.
| | | | Joakim Braun
Sweden
Local time: 21:02
German to Swedish
+ ...
| No good options | Mar 25, 2023 |
Joakim Braun wrote:
The customer relationship is obviously gone if you choose this type of action, but IMO it's already beyond retrieval.
And if you have a lawyer threaten them with collection and a lawsuit (which is what involving a lawyer in nonpayment cases amounts to), it would also terminate the relationship.
| | | | | They don't have a leg to stand on | Mar 25, 2023 |
They reviewed your translation and deemed it acceptable.
But I've never seen the word "akne".
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jyuan_us
United States
Local time: 15:02
Member (2005)
English to Chinese
+ ...
| It is risky to work with them again | Mar 26, 2023 |
You have already got your pay, so it doesn't make sense to work with them again. They may do the same in the future.
If you don't work with them again, I wonder how they would approach you for the $1,000 which they have presumed you owe them.
[Edited at 2023-03-26 20:24 GMT]
| | | | | Smörgåsbords of Ikeas in Volvos | Mar 26, 2023 |
philgoddard wrote:
They reviewed your translation and deemed it acceptable.
But I've never seen the word "akne".
OP is translating into Swedish here…
| | | | | A new trick maybe? | Mar 26, 2023 |
Six months after you have been paid, they tell you you owe them $ 1000. But if you have worked for them in the meantime, they will withhold your payment until the "debt" is settled. Now will this apply as a case of non-payment?
That is really a dirty trick.
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m_a_a_
Greece
Local time: 22:02
English to Greek
+ ...
TOPIC STARTER | Thank you, guys | Apr 5, 2023 |
for taking the time to share your advice, perspective, what-not.
The story seems to have entered some kind of negotiation phase, so I don't really have any specific update to provide.
Cheers,
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