Re: Employment Status

Subject: Re: Employment Status
From: John Posada <john -at- TDANDW -dot- COM>
Date: Tue, 5 May 1998 14:03:05 -0400

Jackie....I'll assume this is a real situation and not a fishing trip to
see how bad you can make this up to get responses (because it IS that
bad), if not for you, then for someone else.

This is a very bizzarre situation, and if it happened to me, I'd be out
of there regardless of what is going on, simply because the company you
are refering to has taken it upon themselves to do what they want
without informing you of the situation, and that shows me that the
farthest thing from their mind is your welfare.

Now, objectively speaking...

1) You are/were making a specific hourly rate. Did they change your
status but keep the same rate? IF you have been turned into a contractor
(which is not normally a bad thing, I'm a contractor), your rate should
have been renegotiated.

2) Are you still a W-2 or have you been changed to a 1099? If a W-2, how
was benefits addressed? If they are now not included, then YES, you are
now a contractor and entitled to a higher rate...and to take on other
assignments....and entitle you to negotiate their schedules against
deadlines just like any other customer you may aquire.

If they are still included the same way as before, then you are still an
employee and they should not be able to pay you on a project by project.

All in all, and if you are telling the whole picture, they handled this
poorly and I wouldn't hang around for any reason.

BTW...If you are in NJ or NYMetro area, I can turn you on to ATLEAST 50
agencies that would love to talk to you.


JDigi88 wrote:
> I am interested in your interpretation of the following situtation.
> You have been employed by a small company; you receive a paycheck with taxes
> withheld, and you receive a W-2.
> You are now given a 5 page contract to sign titled, Contracting Agreement,
> which refers to you as a contractor, delineates contracting services, and has
> a Statement of Work that will be completed on a project by project basis at a
> pay to be negotiated on a project by project basis. You are informed that you
> will not be given any "hours" until you sign the contract.
> My interpretation is: you have been fired, but they are offering to hire you
> back as a contractor.
> Do you agree? Disagree? How would you interpret this?
> I appreciate any comments either to the list or in private to Jdigi88 -at- aol -dot- com -dot-
> I would be happy to summarize responses for the list, if anyone is interested.
> Thanks for your opinions.
> Jackie DiGiovanni
> Technical Communications

John Posada, Technical Writer (and proud of the title)
The world's premier Internet fax service company: The FaxSav Global
-work -personal
-work mailto:posada -at- faxsav -dot- com -personal mailto:john -at- tdandw -dot- com
-work phone: 908-906-2000 X2296 -home phone: 732-291-7811
My opinions are mine, and neither you nor my company can take credit for

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