I am trying to decide if I should take more action on a situation. I am really struggling with this one, so all feedback would be appreciated!

I was emailed shop instructions.

I downloaded the shop instructions that were attached to the shop. (These matched the emailed instructions.)

The scheduler called me and told me to ignore the shop instructions and do the exact opposite of the written instructions. (This was well in advance of the shop.)

I asked the scheduler to email me the change. The scheduler did not/would not. So I had nothing in writing.

Two days before the shop, I reached out to the scheduler again. There is a conflict with instructions (written versus verbal) and I needed to get written clarification. There was no response.

I did the shop per the written instructions. I emailed the written instructions to the scheduler. I am not going to be paid. The scheduler will not speak to me. The scheduler's boss said it didn't matter what the written instructions were, I was suppose to do what I was TOLD.

What would you do? Follow the very clear written instructions? Or follow a verbal command given once, in advance of a shop?

Would you fight to get paid/reimbursed?

This was not a shop I would have done on my own for fun, so yes, I want to get paid AND reimbursed. The company used my report - except for the one portion that they said I screwed up on. (Which, per the shop instructions, I did NOT screw up on.)

So, do as the instructions say or do as you are told?

-- didn't have a bond with the scheduler, so I wouldn't have taken it on blind faith to do as I was told.

What would I do? It's easy to armchair quarterback, but I would have canceled the shop when the scheduler refused to give me written confirmation of the changes. I would be very suspicious of an outright refusal like that. I could see if they were slow to respond, forgot and had to be reminded, etc. but not refuse.

Would I fight to get paid/reimbursed? I'd say no and use it as a reminder about getting things in writing. However, I'm concerned about the part where you say they used your report. How do you know they used it? Did they tell you so? If they used it - even a part of it - they owe you something. I would insist on negotiating a fair payment.

When the scheduler tells me to do something else, I immediately email the scheduler saying "this is what you told me and I am going to follow your instructions even though the guidelines differ." I almost always get an email reply back. Either way, I have documentation. This just happened to me with the order requirement at Arby's.

I agree with both LJ and myst. I do NOTHING based on a verbal. If I am verbally offered a shop or a bonus, I insist on a confirming e-mail. If I do not receive the confirming e-mail, I will not do the shop. If I accepted a shop and read the instructions, and I was then provided conflicting instructions, in the absence of WRITTEN instructions from the scheduler, I would cancel. I see 2 questions:

1. What would you do? Follow the very clear written instructions? Or follow a verbal command given once, in advance of a shop? Neither. In the absence of written confirmation of the verbal command (that was inconsistent with the written guidelines), I would not do the shop under any circumstances. After reaching out repeatedly, as you did, I would have sent a cancelation notice, noting the discrepancy in instructions and lack of confirmation. That would probably have upset the scheduler who did not respond to you. Too bad.

2. Would you fight to get paid/reimbursed? That depends. Probably not. Are we talking about so much money that you want to jeopardize future work with the company (and possibly with other companies for whom this scheduler may schedule) in order to fight for payment for this particular shop? Because I do not like to chase my money, I accept shops only with solid written confirmation, so I would have probably angered the scheduler by canceling and I would have refused to do the shop. I am not saying you should not fight for the money, only saying that I probably would not.

I would have insisted on a written confirmation and if I did not receive one, I would cancel the shop. I have never had a situation like yours though. One scheduler overrides the time frames for me all the time so I can get his shops done. He sometimes confirms it in an email and sometimes, he just emails me back and tells me to do them when I can. (no time frame mentioned) I have that kind of relationship with him. He trusts me to do these when I say I am going to do them and I trust him. (takes time to build up a relationship like this though)

I don't think the company is going to use your report. Why would they?

This sounds shady to me. It almost seems like they were setting you up to not pay you. Can you let us know the MSC and/or scheduling company so that other shoppers are aware,

Thanks for the feedback. It was a hotel shop. I would have had to cancel 48 hours prior to the check in day NOT to loose the money on the reservation. At 48 hours, I was still waiting to hear from the scheduler.

How do I know they used most of my report? Boss lady said so. They only had to redo one part - the part that the written instructions very clearly said NOT do to and the scheduler said to do.

Jeaporadize future work? Not a chance - boss lady fired me.

I believe the company has some responsibility in this.

If I take this to MSPA, who would I contact? I am thinking of giving it one more try to communicate with the company. If that is unsatificatory (or ignored as they have in the past regarding regular payments for shops accepted), then I will put together my case (documentation, etc) and take it to MSPA.

Perhaps you misunderstood the MSC. I can't believe that the company would use your report but not pay you for it. It would be my guess that either she meant the report was usable except for one portion, which meant they would not use your report and would have to re-shop the location, so you would not be paid, OR they were unhappy with one section of the report but would use your report without that section and pay you all or a portion of the fee/reimbursement. It makes no sense that you would be told your report would be used but you would not be paid.

If I am wrong (hey, I've been wrong before ..... at least twice in my life ....), using your report without paying you would be unethical and I hope you will identify the MSC here on the forum.

As for negotiating, my best advice would be to communicate directly with the company and try to work it out.

Although you can certainly take this to MSPA, I would not hold out much hope that the MSPA would be much help in this situation. The MSPA is not a protector of shoppers. It is an organization of mystery shopping companies. If I wanted advice about whether MSPA might intervene in this, I would probably contact Doug Rector, NW Loss Prevention Consultants, who is currently on the Board of Directors. I have worked with NWLPC, and Doug is reasonable and down-to-earth, and I respect his opinion. Doug reads and posts here. You could PM him - his screen name is dcrector.

Thank you for your response.

I will reach out to Doug and listen to what he has to say.

Regarding misunderstanding the boss person - maybe. I don't think so, but it is a possibility.

I like the idea to confirm in email the conflicting instructions and say, per our phone call I am going to following this...and then list the instructions.

The scheduler often times does not have authority to amend shop documents, only the MSP can do that (in most cases) so I would have done what I was told by the scheduler and then also sent the confirmation email so you have it documented.

I had two shops that could be done in the same time, same visit, purchase everything in the same transaction, upload same receipt to both reports. This was not in the instructions so I had to tell people on the phone and also email because the Client added duplicate shops late in the game to allow that. It was GREAT for the shoppers.

In business, written is always the rule. I find it a bit troubling that they would want you to do something different and not honor a request for written back up. They expect you to follow the WRITTEN GUIDELINES, then tell you not to do that?

Bottom line? No more shops for that company.

Good advise, myst4au!

@TxB17Lady wrote:

In business, written is always the rule.

In life you should always get things in writing especially with friends and family. haven't you ever watched Judge Judy?

Given that this was a hotel shop, was a lot of money involved? How much are you out? I would fight it if you didn't receive WRITTEN communication from the scheduler. This sounds so shady, I don't like the way you were used-- and then fired on top of it? No, this sounds like something illegal and morally wrong, too. Fight for what's right. I would.

I would have followed what I was told by the scheduler. You did a great job by following up via email. I'm sure in that email, it would detail that you were confirming instructions discussed over the phone that supersede the shop instructions with the date (and maybe the time) the call took place. THAT'S DOCUMENTATION and in my opinion, would supersede the guidelines since they stated their instructions overrule it.

If you sent it to the correct email address and details that you had a conversation over the phone about it, that should be all you need. If they do not reply to it, I would assume they agree with you (especially since the email was sent well in-advance). The ball would be on their court to respond if they did NOT agree with the contents of your email.

ETA: After thinking about it a little more, my advice probably applies for a different type of risk. The suggestion I wrote up above is what I deal with everyday at my full-time career as an engineering consultant. I've came across situations like this regarding promised delivery, prices, etc. or changes in specifications, scope, etc. I've dealt with many shady vendors and other individuals over the years and learned to take the approach above. The method hasn't failed me in my full-time career, but though this hasn't affected me in any of my past assignments similar to your situation, I understand the concern on proceeding without THEIR written confirmation. Since the money's coming out of our pockets, the risk is higher for us.

Keep us updated on the situation. Hopefully, the MSC doesn't actually intend to use YOUR report without compensating any of your lost wages from the rejected shop.



Edited 1 time(s). Last edit at 08/14/2015 07:29PM by Tarantado.

Sounds like the msc is a good candidate for the 10' pole list.

@myst4au wrote:

When the scheduler tells me to do something else, I immediately email the scheduler saying "this is what you told me and I am going to follow your instructions even though the guidelines differ." I almost always get an email reply back. Either way, I have documentation. This just happened to me with the order requirement at Arby's.

Exactly. It's pretty difficult to deny an email sent to the correct email address. If they don't reply, this typically means they're accepting the contents of your email.