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A couple of years ago, I was freelancing full-time and angling
for a job with a company that had a huge government contract. The pay
was nearly double what some other locals were offering, and for the
duration of the project, the hours were legendary. You had to be offered
a day off every 10 days, but it was conceivable you'd work 14 hours a
day or better the other nine. Unfortunately, the company's start-up
times were as unpredictable as Uncle Sam can be. Once the notice came
down, everyone was busy. Until then, the agency through which I was
working tried to keep everyone on the hook with lots of hope but no
promises.
Just after Thanksgiving that year, I took another opening - the
proverbial "bird in the hand." I had hoped against hope the bigger bucks
position would open up before my start date. It didn't until about three
weeks later. At that point, I had shook the hand of my boss for the next
six months, told him I understood his stated need for a commitment to
carry them through the end of a contract with a Fortune 500 company, and
pledged that once I showed up to work, I'd be there and see it through.
Was it a huge temptation when the lucrative slot I'd been
wanting opened up a week or so before Christmas? Absolutely! But I'd
given my word to the lower-paying boss, begun working in good faith, and
for me, that was that. Lots of times during that long winter, I wished
for and could have used the extra money. As others have said, though, I
had to be able to look at myself in the mirror.
The good news was this - at the end of the stint, a fresh
opening came at aforesaid coveted company. I got the job, worked
something like 400 hours in six weeks, had a great financial boost, and
two weeks later walked into the full-time permanent position I have
today (with good references from **both** employers). Will it happen for
you? Not necessarily. But doing what you know is right will carry you
far longer than just one position, and it will bear its own fruit in the
long term.
For me, it would come down to what kind of commitments you and
your present employer have made to each other. If you haven't given a
pledge or definitive understanding that you would be there for a
specified time commitment, and if you are not bound by contract to a
certain behavior, then I'd say it just comes down to assessing which of
the two opportunities is in your long-term best interest.
-- Jim
-----Original Message-----
From: techwr-l-bounces+jim -dot- pinkham=voith -dot- com -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+jim -dot- pinkham=voith -dot- com -at- lists -dot- techwr-l -dot- com] On
Behalf Of Lauren
Sent: Friday, July 13, 2007 4:30 PM
To: 'Richard Lewis'; jan -dot- arnopolin -at- thomson -dot- com;
techwr-l -at- lists -dot- techwr-l -dot- com
Subject: RE: Ethics of Jumping To Another Contract Job
> No contract was signed for the 6 month extension. They
> told me I was extended. I was a little surprised that I got
> the offer.
>
> According to state unemployement law, I am legally obligated to take
> the work, or, I will loose unemployment compensation for leaving a job
> on my own accord without another job.
>
> I would be favorable to staying on if a perm offer was
> likly in the near future. Such does not appear to be the
> case. Ethically, I question whether I have to stay on if
> a major reason for accepting the work was to maintain my right for
> unemployment compensation.
>
> Richard Lewis
Richard,
Do you know your "contract" status? Are you a W-2 employee with a
recruiter and the recruiter has the contract with the client? If that
is the case, then you are an employee of the recruiter and the contract
term is essentially irrelevant because the contract doesn't belong to
you.
If you are 1099 employee, a corporation, or a state-recognized company,
like an LLC, then you could have a contract with the recruiter, but you
would need to be a legal contractor and not just an employee. This
status can vary by state, but generally follows the IRS's 20 rules and
you would likely be responsible for your own taxes and other deductions.
If the person paying you is making deductions on your behalf, like the
deductions for unemployment insurance, then you are probably an
employee.
As an employee that receives unemployment insurance (UI) compensation
while unemployed, you are required to work or look for work. You will
likely be disqualified from UI compensation if you leave a job without
just cause, like the environment was hostile or unsafe. Leaving because
the employer extended your employment will probably not be just cause.
If you do leave employment for another job and the new employer
participates in UI, then when that job ends through no fault of your
own, you will likely be able to collect UI compensation. If you leave
for another job that does not pay into UI, like you work freelance, then
you may or not be eligible for UI compensation when that job ends. So
check with your local unemployment office on that. If you leave for a
freelance job and you want to go back to participating in UI, then you
will need to take a job with an employer that participates in UI.
If your concern is whether you could ethically leave a job because you
have a better offer, then your issue is the same as any other job.
People are not slaves or indentured servants and are free to seek other
employment. If you have a contract with a company and you cannot be
considered an employee, then the terms of your contract dictate whether
you can leave without breach. But even if you do have this type of
contract, you would be able to leave without breach after the term of
the contract ends because the contract has ended.
Regardless of whether you have a valid contract or if you are in a state
that recognizes employment contracts for employees (California does not
because it is an "at-will" state), then any work after the contract term
ends, is just employment, from my understanding. Unless, the employer
communicated to you that your contract was extended and you proceeded to
work during the period of the extension. In that case, you may have a
new contract, but only if you are not considered an at-will employee by
local law. Talk to a lawyer to get clear on that.
If you have a better offer and you do like your current job, then you
can talk to your employer about re-negotiating your current work
agreement.
That would be the polite thing to do. If you do not like your current
job and you want to leave, then you should tactfully meet with your
employer and discuss the situation. Thank your employer for extending
your contract but be clear that the job is not working out for you and
then give two weeks notice. You will not receive UI compensation until
you work another job that ends through no fault of your own.
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Create HTML or Microsoft Word content and convert to Help file formats or
printed documentation. Features include support for Windows Vista & 2007
Microsoft Office, team authoring, plus more. http://www.DocToHelp.com/TechwrlList
True single source, conditional content, PDF export, modular help.
Help & Manual is the most powerful authoring tool for technical
documentation. Boost your productivity! http://www.helpandmanual.com
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