Monday, November 14, 2005

Follow up

As if my life isn't complicated enough as it is right now- I just received a comment on a past post - the one about my publisher [this one]. (You know, a reply, via the internet, from my publisher, who has in the recent past stated that she has been unable to reply to my emails due to a lack of internet access)
Go ahead, click the link, reread the post, and PLEASE, read her reply as well.

In said reply, you notice that she seems unhappy with my comments.

  • She accuses me of "bashing" her company.

  • V. intr. Informal
    To engage in harsh, accusatory, threatening criticism.
    Now, I may admit to "harsh" but I didn't accuse anyone of anything, or threaten anyone in my post. I simply stated truth and facts.

  • She states, and I quote:
    "As you know we have had problems with our press in which we just had to change. Which explains why I was unable to get your books produced."
  • For the record, she never once mentioned any problems whatsoever with her press, she told me that they were "busy with other business" and according to her, the things that had them busy were flyers that SHE had them printing up for another project for Meeting of the Minds.

  • She says she "never asked for a dime" from me - here, she tells the truth. However that was a part of a legally binding contract which she initiated. It's not as if she was doing me a favor, nor do her own contractual terms mean that I should have expected or accepted poor quality workmanship, which is what I received. In addition to that, she received a percentage of every sale, and she actually GOT her share... As of yet, I have not.

  • She then states that she only ever asked that I give her time to get reestablished from these aforementioned press problems. Again, untrue, the excuse she gave me for not getting the money owed to me had absolutely nothing to do with her business at all. Her excuse to me was an entirely private one that I've been generous enough to not mention in this public forum. However, in light of the statement
    "So please explain the full truth to your audience."
    perhaps I should reconsider that choice, and make public the excuse that she DID offer me.

  • She then says
    "...In fact, I called you in which you failed to respond to my phone calls."
    Again, I'll admit that I haven't returned her calls, and even admit that tonight I chose not to answer the repeated back-to-back calls from her because to be honest, I don't think I could muster a civil reasonable conversation in light of the present situation with Donovan and the emotional state I've been in the last few days. I couldn't manage a normal conversation with a doctor today without falling apart, I know damn well I'd have lost it talking to her tonight, and decided it best to avoid the confrontation. I won't apologize for that decision. If she REALLY wants me to tell the whole story, all she needs to do is leave a reply to this post to that effect, and I'll be so completely honest as to post ALL of our email back and forth since I started insisting that she pay me what I'm owed.

  • Now, for the rest of the story:
    In her voice mail she says she has decided that the best thing to do is to end her business relationship with me.

    Now, I'm no lawyer, but I'm pretty sure that a contract is binding, for the entire length of said contract, whether she's happy with my sharing the truth of the situation or not. Not that I'll argue with her, I'm more than happy to end said contract - IN WRITING, thank you very much.

    And just as a little personal aside, I find her attitude with me rather amusing (especially the tone of her voice mail) when I'M THE WRONGED PARTY!


    1. Also... she misspelled definitely


    2. And I like how every point was made with an "in which" inserted in the middle. Hee.

      What would it take to self-publish? Or go through a university press, your alma-mater, perhaps?

    3. I'm trying to avoid my desperate desire to critique the spelling and grammar, it makes me smile a little inside that someone else has pointed those things out :)

      As for getting published beyond that chapbook, it's the furthest thing from my mind right now, but I have no doubt my publications will come as I develop more as a writer, and that they'll be handled through more reputable and higher quality publishers.

      It just upsets me that THIS is the point at which she chooses to respond to any of my emails, and to respond to my complaints here, rather than handling them correctly all along. I mean, yeah, I need this bullshit NOW?!

      And for some additional fun information, she's since emailed me with a threat to sue me, damn if I know what for, since I haven't said or done anything unethical or illegal concerning this whole situation.

    4. Heh, some people have no business being in business. Seriously, if you're going to go around offering contracts to people, at least understand the legal ramifications of said contract.

      Yes, I'm no lawyer, but my three years of law related classes sure as hell make me more qualified to speak on such matters as she is. Or at least smart enough to avoid the majority of them.

      I'm sorry you're caught in the middle of this. And so help me, if she as much as mentions the word "sue" right now, with the state you're in, you send her my way. (And for the legal record, this is simply a joke to the effect that if anyone has a "personal" excuse for not performing a contractual obligation at this moment, it's Erin)

      Again, as I've said before, I'm sorry that you're in this mess to begin with, but if nothing else, it's certainly been a learning experience. Consider it OJT, like that job you had a McDonalds your junior year of high-school.

      Now on to the real book deals, eh?

    5. On the job training indeed.

      See, I was foolish enough to get into this contract despite the warnings I got from friends and fellow writers, but I'm no fool. I'm intelligent enough to define slander and libel and to understand both terms well enough to have made sure I didn't commit either.

      But yes, she insists that I remove the other post or she's going to sue me. Thousands of businesses receive reviews daily, based on the experience the reviewer had with that company, and that, in effect, is what I did in that post. There's nothing illegal or unethical about it.

      I'm not removing the post, but should she bring suit, I'd counter with a breach of contract complaint, and a report to the BBB. And, without overstepping the line of legalities concerning slander and libel, let me just say that there are other forms of recourse as well that I could substantiate with the police department, based on 'evidence' that consists of her own email messages, which makes it difficult to deny or dispute.

      Right now is not a good time in my life to mess with me. Mama bears get grumpy anyway, especially when their babies are in danger.

    6. Anonymous6:11 PM

      Sure I don't mind telling people what happend, someone broke in my house stole my equiptment and raped me. I was honest with Erin by telling here that things were going well, at the same time, other funds come in from the other project we are funded in. At the same time, which I have documented proof I was required to change my press. I finally got my designs back two weeks again. I just moved into my new apartment. At the same time, I have suffered from Post Tramautic Stress, due to that problem. I never once evaded my responsibles, in fact I told her I could now honor what we agreed. We all surely go through issues, and because I have a home based business I lost I am seeking to remove my self from the situation. I will honor whats of what I have to do. I am done with this conversation, you can talk bad about me, you can say what you want. I am tired of fighting.

    7. "I was honest with Erin by telling here that things were going well, at the same time, other funds come in from the other project we are funded in. "

      Things were going well, then more funds came in, but I didn't get paid?

      Then you were attacked in AUGUST (according to your email) and used my portion of the sales (money that I should have already received as of July 5th) to relocate.

      See, the time line seems a bit skewed, if all this happened in August, why didn't I get paid in July?

    8. and excuse me, but WTF... YOU'RE tired of fighting?! You made this a fight, and YOU chose the timing of it too, and if either of us has a right to be too tired to do this right now, it's me! get your head out of your ass will you?