Freelance work: when would you say no more work without pay?

[conflictgirl]

I work as a freelance writer and I have one company I work for a lot. At this point, I am owed more than $4000 and some of it is more than 90 days past due. Two weeks ago, I said that I wouldn't be able to do more work until I got paid, and I was told that a check (only a fraction of what I owe) would go out that day. It still isn't here yet and I'm starting to doubt that it was even sent.

I have three articles due for this particular place on Aug. 18. I still haven't been paid for work from three issues ago. Am I under any legal obligation to write these articles due on Aug. 18? I agreed to do them long before this lack of pay happened. I am starting to think I won't see the money for it if I do it, but I don't want to put myself at legal risk by not doing work I agreed to do. Obviously I won't be taking on more assignments as long as the money is past due. The boss says that he's just waiting on receiving revenue from advertisers, who have themselves been slow in paying. I feel some obligation to stick with this boss because he promoted me quickly and has paid when he has money, but it seems to be getting worse and I think he's taking advantage of me.

My husband has been out of work since February, so my work is the only thing we've got right now. For that reason, I don't want to walk away from regular work, but I also have to be smart about this. Freelance work is usually notoriously slow-paying, but this is getting ridiculous.

Would you walk away from it altogether or just wait to get caught up on payment before doing more? And do you think I'm obligated to do the work that's due August 18, since I contracted for it before the payment slowdown?

[Whoa_Nelly]

1. Do you have a written agreement with the company?

If you do, then you may want to consider writing a short and concise letter simply stating you do not wish to have to take this to your attorney, and attach a copy of the contract you ahve with them.

[Gormy Cuss]

2. Are you saying that you have a separate contract for the Aug 18 work?

If not, and they have not paid for the earlier work according to the stipulations in the contract, you'd best assume that you're working for free when you turn in the Aug. 18 batch.

I've worked on a consultant basis, I know all about it. When you don't get paid for work already done, the only leverage that you have with that client is withholding future work and yes, you run the risk of losing future assignments.

On edit: you can be honest and say that you enjoy writing for X but you can not afford to continue without a firm schedule for payment.