Hi all --

I sent a 300 plus page file to a scopist that she agreed to have done on 3/23. I followed up with her numerous times to see how it was going and she didn't respond to my emails or phone calls. On 3/25, she sent back the file with the message "file not done. have terrible migraine. can't lift my head." Two days after the job was due she left me with 127 pages to scope myself.

Now she wants to be paid in full. I want to do the right thing, but I don't think this is fair. What would you do?

Karen

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I hope you didn't pay her. As a former court reporter, I feel it was her duty to inform you as soon as she knew she couldn't perform the task. As a scopist I can tell you, she had a duty and responsibility to tell you that she was not able to complete the task. She needed to tell you this long in advance of the deadline. She didn't, and so she forfeits any pay she would have otherwise received.

I would tell her like it is: I gave you this job that you promised would be done by this date. You returned it to me unfinished AFTER deadline. Now not only do I have to do all this work myself, but I get to explain to counsel why they don't have their transcripts AND I'm out $$ because my boss won't send me out on more work until this is done. If you had let me know before deadline, I would have paid you for the portion you completed. You did not, and so I cannot.

Don't pay her for anything. If you do, it will only create an attitude of mediocrity. When she feels in a pinch, she will send it back to you and you will finish it, plus pay her for what she's completed. How does this benefit either of you?

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