Hi Kathy,
I am sorry to hear you are going through this. It has happened to me, but not with another VA, but, with a client.
If you have not done this yet, try these few things:
Call her/him.
Sometimes a friendly phone call does the job.
If there is no response to the phone call, email again and be sure to let him/her know how you are feeling about the situation.
Here is a sample email that I would send:
Greetings XXXX,
I am sorry to hear about your situation and hope that it can be resolved soon and with a good outcome for you. I am emailing you to clarify a few items that XXX and I discussed last night.
I am an independent contractor. I was sub-contracted by XXX to work with XXX on your XXX. I was subcontracted for the price of a XXX which costs $160.00.
There are millions of Virtual Assistants in our industry. We are all independent contractors and not employees. I know it is easy to mistake a VA for an employee but we are not. That is why we have contracts and why a customer does not pay for benefits, FICA, social security, medical etc. We work on a contractual basis.
Because of the situation you are in and because I did the work on the XXX you will need to include a prorated amount for the services I provided for the XXX.
The prorated amount is $160.00/2=$80.00. The XXXX is set up and you still have the ability to send it on to the other XXX.
In total you will need to add $100.00 to XXXX bill, to allow her to pay me for the work I have done.
Please read the contract you signed with XXXX. The website below will help you understand our industry and how to use a Virtual Assistant in the future.
http://en.wikipedia.org/wiki/Virtual_assistant
I really hope that things work out and that we can complete the XXXX for you. But, you do have the XXX and can easily send it to another type-setter.
The problem with that is, you are taking my work and placing it in another hands which is unlawful without my consent. Since I have not been paid for the work you can not lawfully use the work that I have done on the XXX. Unless I have been paid.
Again I am sorry to hear about this situation. It is very rare that we VA's run into this type of thing and it is a sad one indeed.
Please contact XXXX as soon as possible to make arrangements for payment. Once XXX has paid me I can send all original work to you for your other type-setter.
Sincerely,
Andrea Jackson
Anyway, maybe you can use some of the wordage for your email.
I hope I have helped some.
Andrea~