Re: Employment Status

Subject: Re: Employment Status
From: Fabien Vais <phantoms -at- POP -dot- TOTAL -dot- NET>
Date: Tue, 5 May 1998 18:17:40 -0400

It seems to me that there are two things to consider here:
1. Your company no longer wants to hire you as a full-time employee, and
would like to deal with you on a contract basis. Aside from any specific
terms, I would find out if your company is legally ALLOWED to "unilaterally"
put an end to your full-time contract without any "valid" reason.

2. So now, they want to deal with you on a contract basis. This changes
everything. You will now be a professional consultant. You call the shots.
Nobody should tell you how much they're going to pay you per hour.
Investigate the market to find out how much you should charge. You're the boss.

DO NOT SIGN THAT CONTRACT!! The way things sometimes happen is that a person
(such as a technical writer) prefers not to work full-time for the same
company any more, and decides to try working on a contract basis. THEN,
HE/SHE asks his/her current employer if they would mind continuing their
relations on a contract basis. Usually the employer says THEY DON'T MIND.

The fact that your company arbitrarily and unilaterally decided to terminate
your full-time employment is FISHY, and perhaps even illegal. BE CAUTIOUS!
There is plenty of work out there. If you don't feel comfortable with that
deal, go elsewhere.

Fabien Vais
phantoms -at- total -dot- net

At 01:30 PM 5/5/98 EDT, you 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

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