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I am concerned that freelancer will contact my client
Thread poster: mike316
Aug 31, 2012

Hello

about 2 months ago, a client, who is a corporation here in the US, hired my agency to do some editing for them. Documents had already been translated, but the original had changed so the translation needed to be changed too.
I hired someone that had great ratings. I had worked with her once before and I didn't have any problems.
Client claimed that the translation was terrible, therefore, they refused to pay. I showed the translation to a couple of translators and
... See more
Hello

about 2 months ago, a client, who is a corporation here in the US, hired my agency to do some editing for them. Documents had already been translated, but the original had changed so the translation needed to be changed too.
I hired someone that had great ratings. I had worked with her once before and I didn't have any problems.
Client claimed that the translation was terrible, therefore, they refused to pay. I showed the translation to a couple of translators and they said although it is not "terrible" it has a lot of mistakes, and some incorrect terminology is used.
Then, after some emails and letters with client, they got their attorneys to write me a legal letter, threatening with legal action. I am not to contact them, ever.

Now here is my problem: I have emailed the translator, explaining to her what has happened. I have offered to pay her 70% of what she should have been paid if job was perfect. I think this is very reasonable.
Client's name is all over documents (I wish I had replaced it with another company name before giving it to her) Translator could easily call or email them, maybe curse at them, I don't know, something like that. In that case, I will be in lots of trouble because I am not supposed to and I do not want to contact this corporation ever again. They have a lot of money at their disposal and they can take me out very easily.

so I am wondering what to do to prevent this from happening. I have emailed the translator but have not received a response yet.
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José Henrique Lamensdorf
José Henrique Lamensdorf  Identity Verified
Brazil
Local time: 03:05
English to Portuguese
+ ...
In memoriam
Why do all such cases sound to me like cock and bull stories? Aug 31, 2012

This doesn't add up.

Your translator did sloppy work. Your client is mad at you, and doesn't want your services again for as long as they live.

Yet you are generously offering to pay that translator 70% of the agreed price, supposedly out of your pocket.

What, for cryin' out loud, could this translator accomplish by contacting your end-client directly, if they are so unhappy with her translation?

At best, all she could say is that you are not t
... See more
This doesn't add up.

Your translator did sloppy work. Your client is mad at you, and doesn't want your services again for as long as they live.

Yet you are generously offering to pay that translator 70% of the agreed price, supposedly out of your pocket.

What, for cryin' out loud, could this translator accomplish by contacting your end-client directly, if they are so unhappy with her translation?

At best, all she could say is that you are not to blame, and take herself full credit for the entire snafu. Why on earth would anyone want to do that?
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mike316
mike316
TOPIC STARTER
Translator may contact end user to ask for her money Aug 31, 2012

José Henrique Lamensdorf wrote:

This doesn't add up.

Your translator did sloppy work. Your client is mad at you, and doesn't want your services again for as long as they live.

Yet you are generously offering to pay that translator 70% of the agreed price, supposedly out of your pocket.

What, for cryin' out loud, could this translator accomplish by contacting your end-client directly, if they are so unhappy with her translation?

At best, all she could say is that you are not to blame, and take herself full credit for the entire snafu. Why on earth would anyone want to do that?


I am paying 70% because the translation was not that horrible and I feel that it would be unfair if the translator doesn't get anything at all.

if the translator believes that she has done a superb job and that she is getting ripped off, then she may get mad and contact the end-user and curse at them, or ask them for her money, something along those lines.


 
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Margarita
Margarita
United States
Local time: 02:05
Member (2003)
Russian to English
+ ...

Moderator of this forum
Reminder: ProZ.com general rule #2 Aug 31, 2012

I would like to remind everyone of ProZ.com general rule #2:

Mutual respect, professionalism and fair play are expected. Site users are expected to treat each other with courtesy, whether posting publicly or making direct contact, and are advised to act under the assumption of good faith. Harassment of, or attacks or ad hominem statements on, individuals or groups, of any form, as well as discouragement of another's use of the site, will not be tolerated.

Thank you.


 
Clarisa Moraña
Clarisa Moraña  Identity Verified
United States
Local time: 01:05
Member (2002)
English to Spanish
+ ...
Not a good idea to contact the end client Sep 1, 2012

If I had done a bad job, I would never contact the end client. Why would I? Ive been told my translation job is not good at all, that the end client is not happy with me... I think it will be a bad idea to knock his door. Of course, I will ask the translation agency's owner my money. If I want to go on working with him/her, I will offer a discount for the annoyance. Sometimes I'm tired, or I'm just a human being and I make mistakes, even in my translation job. Of course, if I'm absolutely sure t... See more
If I had done a bad job, I would never contact the end client. Why would I? Ive been told my translation job is not good at all, that the end client is not happy with me... I think it will be a bad idea to knock his door. Of course, I will ask the translation agency's owner my money. If I want to go on working with him/her, I will offer a discount for the annoyance. Sometimes I'm tired, or I'm just a human being and I make mistakes, even in my translation job. Of course, if I'm absolutely sure that I did a good job, I will defend my job, and If the translation agency's owner refuses to pay me, or pays me with a discount, trust me, I would never work again with that agency.

If I were the agency owner, I would have hired a translator and a proofreader, not just a translator. Well, I believe all translation agencies do that. It sounds reasonable to pay the translator a little bit less, and I would have paid the translator from my own pocket.

If I were the end client, I'm not sure if I will contact the translation agency again. If I do so, I will specifically ask not to use the same translator.

Nevertheles, there is something I don't understand quite well: if the end client is upset with the translation, and won't pay you, why did they go to attorneys? I believe they are more than "upset". Again, if I were the translator, I wouldn't like they know that I even exist.

Regards

Clarisa
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nordiste
nordiste  Identity Verified
France
Local time: 08:05
English to French
+ ...
so what ? Sep 1, 2012

mike316 wrote:

José Henrique Lamensdorf wrote:

This doesn't add up.

Your translator did sloppy work. Your client is mad at you, and doesn't want your services again for as long as they live.

Yet you are generously offering to pay that translator 70% of the agreed price, supposedly out of your pocket.

What, for cryin' out loud, could this translator accomplish by contacting your end-client directly, if they are so unhappy with her translation?

At best, all she could say is that you are not to blame, and take herself full credit for the entire snafu. Why on earth would anyone want to do that?


I am paying 70% because the translation was not that horrible and I feel that it would be unfair if the translator doesn't get anything at all.

if the translator believes that she has done a superb job and that she is getting ripped off, then she may get mad and contact the end-user and curse at them, or ask them for her money, something along those lines.


What are you exactly afraid of ?
I suppose the client knew that you act as an agency, and that you would not personally do the translation/editing but hire a freelancer.
Or did you sign a NDA or any form of contract to not redirect the job to another person ?

If you really want to avoid further trouble, then pay the translator 100% ... and maybe act on a more professional way next time.


 
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Daniel Bird
Daniel Bird  Identity Verified
United Kingdom
Local time: 07:05
German to English
You say they could take you out... Sep 1, 2012

To me that sounds like the perfect outcome - nice meal, couple of bottles of wine and no hard feelings.
Try to encourage them without breaking the terms imposed by their legal suits.
Good luck
DB


 
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Cristina Heraud-van Tol
Cristina Heraud-van Tol  Identity Verified
Peru
Local time: 01:05
Member (2005)
English to Spanish
+ ...
Strange... Sep 1, 2012

I don't get it. If this was supposed to be an excellent translator, with very high ratings and she had done very good jobs before, then why was this lousy?? She probably was fully booked and sent it to be translated by somebody else, and never checked it before sending it back to you. Then you are trying to contact her, but she does not face the problem as she is too ashamed.

She sure is lucky to be paid by you!


 
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