Re: Proofreader Job Requirements -- Protect agency/client from violations

Subject: Re: Proofreader Job Requirements -- Protect agency/client from violations
From: Lauren <lauren -at- writeco -dot- net>
Date: Tue, 11 Dec 2012 12:35:43 -0800

On 12/10/2012 3:58 PM, Robin Davidson wrote:

Is this just for contractors or for full-time as well? I didn't see anything saying this was a contract position.

Any written employment agreement signed by the employee is a contract that has legal rights and responsibilities. The quote you provided indicates that this is contract, since the "agency" is the employer and the agency is placing the employee for the "client." So the employee is a sub-contractor or temporary employee to the agency and the agency is a contractor to the client.

Some states protect employees from certain types of contracts even when the employee agrees to them. It will depend on the laws of your state if you can be held liable for not complying with the requirement. The requirement is vague and incomplete. "Ensure that the agency and client are protected from any violations when it comes to improper or incorrect verbiage and/or visuals in creative." Too many terms in that requirement have multiple meanings.

If the final employment agreement contains the requirement as you quoted it, then an employee may or may not have liability for not complying with the requirement. What happens if the employee is not aware of or misses a violation? Does the employee pay liquidated damages? Does the employee forfeit pay? Does state law override contract provisions? Who is expected to hold the insurance, the agency or its contract employee?

When an agency is working with a client, then the agency holds the insurance for errors and omissions that provides for costs of damages if the client is not "protected." If the employee is expected to carry that insurance, then the employee should be incorporated, since a lack of sufficient insurance could bring the employee's assets into a lawsuit. Writers generally do not get sued, but the language in the requirement is strong enough to delegate liability to the employee, depending on state law and the employee's status with the agency.


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References:
Re: Proofreader Job Requirements -- Protect agency/client from violations: From: Lauren
Re: Proofreader Job Requirements -- Protect agency/client from violations: From: Robin Davidson

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