Beware Brentwood Magazine

[jenaia]

Hi All.

I've just been stiffed by Brentwood magazine. First they claimed they hadn't paid me because I got the amount per word wrong. They tried to lower the rate they had agreed to pay me, but fortunately I saved the e-mail stating the agreed price. Then they claimed to have lost the invoice and I had to send it again. Then the editor left the magazine, emailing her writers to say that we'd just have to try to collect from the owner ourselves. The owner, Troy Linger, made me send the invoice a third time and promised to pay within a week. Needless to say he never has.

My NWU rep says I can file a grievance, but I would have to find the names of the chief financial officers, write a demand letter, and pay for certified mail. None of this guarantees that I would be paid; only that I would have shown I did my best to collect if I wanted to go to small claims court. In the end I decided the amount he owes me isn't worth the trouble. However, I would like other writers to know that this publication is nothing but trouble and the owner can't be trusted.

Jena Ball
_________________
"The goal of the writer, finally, is to nourish the reader's awareness of the world." - Barry Lopez

[publisher]

Brentwood Magazine has been in business for over 9-years and has never encountered such false accusations like the ones posted by Jena Ball. Although never officially hired by our publishers at the magazine, we still await the correct invoicing needed to forward payment per an alleged agreement with our past editor. Instead of getting us this correct paperwork as requested, she chooses the rout of posting false accusations about our publication over a $70 matter and lashes out at one of our publishers?

This is a heck of a way to say thank you for using one's services.

Please remit your invoice to the accounting department the way they have repeatedly requested and be done with it. We would like to put this matter behind us by years end.

Regards,

Brentwood Magazine

[jenaia]

Hi Folks,

Just to be clear. I was hired by Jennifer Hayden, an editor at Brentwood who left because, "I do not agree with the way the publisher conducts his business. As you know, it has been difficult to get paid on time. This goes not only for you, but for other writers, stylists, photographers, etc. -- and includes me as well." That is a direct quote from Jennifer, which I still have.

I had already sent Jennifer my invoice two times (which contained my address, SSN and contact info.) for two articles that were published in Brentwood (yes I have a copy of the magazine) by the time she left. She instructed me to contact Mr. Linger directly about payment. I emailed Mr. Linger who insisted that I had to send him the invoice a third time. I did, and was told I would be paid "shortly." When, after another three weeks had gone by and the check still hadn't arrived I emailed again and was told I would be paid "next week." I have copies of all this correspondence. Needless to say the check never arrived. I emailed yet again and never received a reply. That is when I posted to Writers Weekly.

Since posting to Writers Weekly I have begun to get threats from Mr. Linger:

"You must immediately remove this incredibly asinign email that you recently posted on writers weely. I have never met you nor do I know who you are. I am forwarding this website and your info that I have on file to our legal team in the morning! You appear to be a seriously disturbed individual and we want nothing to do with you now or in the future.! This is absolutely ridiculous! Just who the hell are you?"

In another e-mail:

"You must remove your posting before the end of the day for me to even acknowledge your communciation further (Please note that he contacted me, I did not contact him). If your posting is not removed I will be forced to hand over your correspondence to our counsel. I will also email over 3000 PR contacts in the North America stating that you are a loose canon and are a risk for any assignments for their clients. My email is waiting to be blasted as we speak. The decision is yours. I suggest that you remove your damn posting NOW!"

In another e-mail:

" I am furious with you. Once you clean up your mess I will cut you a check for pick up only. We look forward to meeting you when you come by the office."

He is going to ruin my reputation as a writer by sending letters to people he does business with, and says that he will not pay me until I remove my posting from Writers Weekly. In addition I would have to go into his office to get my check? I don't think I need to explain why I have absolutely no intention of going into his office, or why I still feel (and yes this is just a personal opinion based on my experience) that other writers would be wise to steer clear of Brentwood magazine.

Sincerely,
Jena Ball
_________________
"The goal of the writer, finally, is to nourish the reader's awareness of the world." - Barry Lopez

[publisher]

Jena,

Since you will not answer our personal emails to you, we'll try this way.

We have no idea as to what rock Jennifer found you under, but we are very much looking forward to our attorneys putting you back under there.

Jennifer has also confirmed that she had no idea that you would ever conduct yourself in this fashion either? If she had known you were capable of such self humiliating conduct, she never would have assigned anything to you. We are confident of that.

Let it be known that we extended an olive branch to you yesterday and you responded in this, again, embarrassing manor. In life, people who throw gas on fires, usually get burned. We truly tried reaching you, but you are more interested in grand standing to an audience that you think gives a damn about this situation.

We hope you found this to be worth it, Jena. It is obvious your paycheck was not your first priority here. However, it does look like you have found your stage in life. Congratulations.

Publishers

[Writer]

Jena,

Thanks for the head's up about Brentwood Magazine. It's obvious from the tone and factually questionable comments by "publisher" that your story is true. (For instance, s/he alleges that you were "never officially hired by our publishers," yet you have a copy of the magazine containing your article. That's problem Number One. Problem Number Two is: "publishers" aren't typically the ones who hire writers. Editors hire writers. I should know; I've been freelancing for a long time.)

The credibility of "publisher" is further shot by his/her comment about "putting you back" under a rock. How professional! Frankly, it sounds a little threatening, to me, as does "publisher's" comment that you must come and pick up your check in person. "Publisher" sounds like s/he has serious anger management issues that should be addressed in therapy.

For the record, I do not know Jena Ball or the poster masquerading as "publisher." But I wanted to rise to Jena's defense because her story sounds very plausible, and she's being threatened by someone who owes her money. I much appreciate hearing about publishers like this one--so I can stay far, far away from them!

Best of luck to you, Jena.

[scribble]

Hi,

Well, reading this as an outsider, since I know neither the writer or the magazine, I find this greatly amusing. But then I'm not owed the money. While I can understand a publisher getting pissed off with you for outing them, I can't believe he/they are so stupid as to commit themselves in print in this way.

I don't know the ins and outs of US law, but in Canada you could have a great lawsuit against these publishers. When the magazine writes, "If your posting is not removed I will be forced to hand over your correspondence to our counsel. I will also email over 3000 PR contacts in the North America stating that you are a loose canon and are a risk for any assignments for their clients", they are opening themselves up for a large lawsuit. For your sake you should almost hope they do this. You could end up owning the magazine. This gets into the area of Tort law. As a threat it's nothing, however, if they even told one person you are a loose canan and a risk to clients then you have legal recourse against them for libel and for impuning your business. (There's a separate tort for affecting/interferring with your business.)

These do not sound like comments from any professional publisher I've known, and since I used to be a newspaper publisher I've known and know quite a few publishers. Sure we get pissed off with people, but we're never so stupid as to put those comments in print or say them to anyone who would be found to testify in court!

Sounds to me like you've caught them in a situation they would prefer not to be in and are attacking you for that. For $70 I can't see how they would be so silly. But then I don't understand anyone taking their time to write for so little.

[scrib]

Wow! I don't know the magazine or the writer either, but all I can say is I've never seen a more unprofessional post or action from a "reputable" publisher. I'm a long time freelancer, and I would never consider doing business with someone who conducts himself in such ludicrous manner, and would stoop to a smear campaign against the writer. I hope Jena Ball does file the grievance with the NWU, if only just to prove a point, and to stop other writers from doing business with this publication.

Jena Ball, kudos for handling yourself in a smart and professional manner, even while "publisher" was indulging in "self humiliating conduct." Best of luck in getting paid, and in your legal action against these people, if you choose to pursue it.

[watipoo]

Boy oh Boy!!!!

I'm a redneck from Louisiana. My writing skills leave little to be desired but I am trying.

However, even with my small amount of education, isn't a loose cannon spelled like I just typed it? I can't believe either that a publisher with a company would make such spelling mistakes or legal mistakes as s/he just made. I thought I was a back woods idiot hehehe.

S/he must be from my state as well or know someone who s/he did a personal favor for to get the title "publisher". Good luck Jena. It doesn't look like you will need much though with the way this publisher has acted. I am shocked but so glad to see someone make such mistakes to let their true colors get themselves caught as this publisher has obviously gotten caught.

Take care and have a Merry Christmas
wati

[tpope]

Did ANYONE sign a contract? First mistake. Brentwood Mag, if you and the writer involved did sign a contract agreeing to pay $70 for her printed story you are in serious breach of contract and need to pay her!

Brentwood Magazine--I would NEVER want to write for a publication in which the rep. from the magazine can't even SPELL and you have no concept of the legalities of the magazine/publishing business.

Good luck!

[scribble]

Rereading the original post I see the writer has saved emails from the editor outlining the assignment (which presumably includes word count, deadline, payment, etc.). Given that most of our dealings with editors are now done via email, writers have to realize that the contract has changed shape. Don't get too focused on 'a paper contract', because the email can be the basis of a contract. A contract is the agreement itself, not the form by which it takes.

Contracts require four elements: offer (your query or an editor's request), acceptance (you both agree to it), performance (you, the writer, turning in the work) and consideration (payment).

So, in this case the writer has a contract in the form of an email from the editor. That's offer handled. Then the writer states that the article appeared in the magazine (which handles acceptance and performance). So all that is left is the consideration - the payment, which so far the magazine has failed to do.

We all know that articles don't just appear in print by magic. A hell of a lot of work goes into getting something in print, so once something has appeared in print, the publication management can't come back and wonder how that happened or claim that it wasn't acceptable. Their representative (the editor) had to agree to it, had to handle it, had to place it. Everything else is a smoke screen. The more the publishers of this magazine complain, the worse they look. The primary benefit is to all freelancers to learn how this management team operates. From this example is seems clearly not worth the effort to write for this publication or this publisher (in case he/she moves).

[eraser]

Well done Jena. You've flushed out yet another unscrupulous deadbeat, saving at least a few people from repeating your experience.

Good for you. :)
_________________
Author: What Fish Don't Want You to Know

[Polexia]

[RiverDancer]

[color=blue]Well, I've read and re-read all of the posts with bewildered interest. Suffice it to say I feel as if I've been in class and the Professor succeeded in guiding me over a very bumpy road. I was actually considering resigning from this Group because I am a consultant and write only for pleasure. I'm staying now. Thanks, Jena.[/color] :)

[ncwriter]

Gee, and to think I used to read and write for fun. Now all I have to do is plug into the arguments going on at Writers Weekly forum and my entertainment is laid out for me. In all seriousness, I can't believe a genuine publisher would go to such lengths for $70. Also, I can't believe s/he can't spell any better than that and has risen to the top in the publishing business. My Gawd, if s/he can do it, there's hope for anybody! Good luck Jena. I'd almost send you the $70 myself but then I'd lose my movie!

[Robbie D]

Guess you got it right there. In my dictionary, a Canon is a priest, who belongs to a Cathederal Chapter.
The misuse of the word probably amounted to someone trying to be clever, rather than correct and polite.
_________________
With kind regards and best wishes.
Robbie D....