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Changing Terms of Employment - What are my rights?

HadjiQuestHadjiQuest Registered User regular
edited April 2012 in Help / Advice Forum
I was hired at a job back in February. I believe I was hired as an executive assistant or office admin, but my job also includes almost all in-house IT functions as well. It's a very small company that is just spinning out of being a home business for my employer; this year is the first year he has had employees.

When I was hired, I was hired on as a contractor, with no explanation of what that meant. I was salaried for a fairly small amount (less than 30K), for 45 hours a week. Within a week, the only other in-house employee stormed out over being 1099, and that's what finally led me to see what a bad initial deal I was getting, although I still haven't done anything about it.

Now, I also work a second job part-time, at a small, local family business that I have been frequenting since I was a kid. I was able to get my boss at my full-time job to accept me leaving an hour or two early twice a week to make my shifts at my part-time job.

So, this all worked out for around a month. Then, I requested a personal day, because I had been working and driving 70 hours a week, and I had a number of errands I had to do that I had no time for. As soon as I requested the personal day, my boss told me that he was disappointed that I wasn't providing him the 40 hours a week I had contracted for. Except I had contracted for 45, and at that point I had never, ever worked less than 40 for him in a week. Besides the personal day, a month later I still haven't worked less than 40 hours in a week for him. He told me he was going to change me over to hourly, and that I needed to start using a timeclock. This was one day before my personal day, which I would now no longer get paid for. I was burned by this change just because it seemed disrespectful, but he did the math totally wrong and it meant that I would A. get a slight hourly raise, since he divided my salary by a 40 hour week instead of a 45 hour week, and B. he was now legally obligated to pay me for the few hours of overtime I accrue every week.

So, here's where the important stuff happens. I got an email from his accountant who is in charge of payroll. She said that hourly totals would begin to take effect for the first pay cycle following my day off. So, when I received my paycheck for the weeks with my personal day, I still got my standard salary payment even though I took the day off and had been using the clock for the final two days of that pay cycle.

Flash forward two weeks to the end of the first pay cycle using the hourly clock. I got two emails last night from the accountant. Firstly, I am told that I'm being retroactively docked 8 hours of pay for the day I took off during my final salaried pay cycle. Is this legal? Can they do this? I never actually signed any agreements when I was made hourly, I just verbally agreed to it with my boss. I had been told it would begin the following paycycle, and I received my normal salaried check for that period. How can they dock me a day's pay from the following paycheck? Can I stop this?

Beyond that, and this is not as much of an issue but still bothers me when compounded with the other stuff: I was also told that I had to report any lunches I took during the first hourly cycle, even though I had never been told by anyone until now that I had to punch for lunch. If I hadn't been told that I needed to, and if I didn't need to under the old terms, can they still dock me pay for lunches retroactively for a period where I had never been told I needed to punch out?

I'm really getting screwed by this job, I already have a crazy high tax rate thanks to 1099/Self Employment taxes (around 25% so far, with income taxes included), and now I continue to get nickel and dimed. It's seeming less and less worth it. What can I do? Do I have any rights to defend myself here?

Now I get to go into work today and ignore the accountant until I have some more information, which should be fairly uncomfortable.

HadjiQuest on
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Posts

  • The Crowing OneThe Crowing One Registered User regular
    In what state are you located?

    3rddocbottom.jpg
  • ScooterScooter Registered User regular
    It sounds like you signed up for a full time job with zero paid time off? I know companies can dock pay for accounting mistakes made in the past, I believe it's the usual system for correcting overpayments rather than asking their employees for a check. And yea, if you're working hourly, you're not getting paid for lunch.

    It sounds like a bad job but I don't think they're doing anything illegal.

  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    Your rights depend on your state.
    Seriously though, bail. This dude has no idea what he's doing.
    Also I have never heard of contractors getting "salary". It sounds like you're an employee and he's misclassifying you as a contractor either to avoid paying taxes or to hide what a shit deal he's giving.

    Bail. That shit is shameful.

  • bowenbowen How you doin'? Registered User regular
    What they said.

    Depending on your state you could have a case because calling someone Salary, then contractor to avoid paying them time off, OT, and benefits is pretty illegal. Time Warner just got in a huge pile of shit for doing the exact same thing. It's a tax dodge first and foremost. The state/federal DoL might be happy to sit and talk with you.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • HadjiQuestHadjiQuest Registered User regular
    edited April 2012
    I'm in MI.

    And I was a contractor both as salary and as hourly; I was hired as a salaried 1099 to begin with.

    I know I can file certain forms with the IRS to be reclassified as an employee if I meet certain criteria (which I'm certain I do). But right now I'm mainly just concerned as to whether they can retroactively dock me pay for a vacation day I took during my final salaried pay period.

    HadjiQuest on
  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    HadjiQuest wrote: »
    . But right now I'm mainly just concerned as to whether they can retroactively dock me pay for a vacation day I took during my final salaried pay period.

    They probably can. Do you have any "vacation time" accrued? If not, they can mark it as unpaid time off.

  • EncEnc A Fool with Compassion Pronouns: He, Him, HisRegistered User regular
    edited April 2012
    Yeah, you need to find another job as soon as possible. Regardless of what they are paying you, by doing what they are doing in this OP they are, at best, terrible business people or, at worst, trying to do some mild tax evasion.

    Concerning your paystub, you need to find anything and everything about this chain of events that you have in writing. See if anything details out the requirements of it, and then consider if the 8 hours lost is worth immediate termination. Alternatively, if you feel your boss requires your position enough to have leverage, you could use this as a bargaining chip "keep the 8 hours or I walk" sort of thing. However, do not try this unless you are 100% sure the business would falter without you and definitely don't do it if this is your first white collar position.

    In all likelihood, your employer will just try and run you off rather than dealing with the possibility of unemployment payouts, which sounds like what him and the accountant are up to here. Use what time you have before you are totally miserable to secure a position with a full, detailed contract of your responsibilities and pay and chalk this up to experience.

    Never, ever be a contractor in a white collar position if you can help it. Nothing good happens to those who are, as the skillsets are common and an employer looking to hire will not value you based upon your work. Get full time (hopefully with benefits if you have a strong skill set), or look elsewhere.

    Enc on
  • HadjiQuestHadjiQuest Registered User regular
    Deebaser wrote: »
    HadjiQuest wrote: »
    . But right now I'm mainly just concerned as to whether they can retroactively dock me pay for a vacation day I took during my final salaried pay period.

    They probably can. Do you have any "vacation time" accrued? If not, they can mark it as unpaid time off.

    My original salaried contract had no mention of time off, although I was told that things would be fairly reasonable.

    @Enc, that is pretty solid advice. This is my first white collar job, and it took me months to even find it. I will probably stick it out for now while I look for another job in the background. Maybe once I am out I will file the forms (SS-8 and so on) with the IRS in hopes of getting these people to cover my back taxes, and at least get some sweet justice out of this.

    So it sounds like I should just suck it up for now. Should I go ahead and accept the retroactive deductions for the off day and the lunches, then? My paycheck is being held until I do.

  • bowenbowen How you doin'? Registered User regular
    Well a contractor shouldn't be getting 30K gross, for first things. Nor should it be for anything but specialized skillset. If you're a manager of some variety you shouldn't be a 1099, as you're basically paying your own employment taxes that they should be paying. So basically, tax evasion. I'm also assuming @HadjiQuest that you're not getting any benefits. I mean why would you even be able to afford them at $30,000? You're working 45 hours and if you were salaried they'd be required by law to offer you healthcare (most states) and I hope you see what they're trying to do.

    They're essentially saving 25-40% of their employment costs by keeping people as 1099. Why? Because you're paying it for them.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • EncEnc A Fool with Compassion Pronouns: He, Him, HisRegistered User regular
    HadjiQuest wrote: »
    Deebaser wrote: »
    HadjiQuest wrote: »
    . But right now I'm mainly just concerned as to whether they can retroactively dock me pay for a vacation day I took during my final salaried pay period.

    They probably can. Do you have any "vacation time" accrued? If not, they can mark it as unpaid time off.

    My original salaried contract had no mention of time off, although I was told that things would be fairly reasonable.

    @Enc, that is pretty solid advice. This is my first white collar job, and it took me months to even find it. I will probably stick it out for now while I look for another job in the background. Maybe once I am out I will file the forms (SS-8 and so on) with the IRS in hopes of getting these people to cover my back taxes, and at least get some sweet justice out of this.

    So it sounds like I should just suck it up for now. Should I go ahead and accept the retroactive deductions for the off day and the lunches, then? My paycheck is being held until I do.

    Ultimately that's up to you and how much you need the money now. If I were in your shoes, I'd accept the pay loss for the sake of a continuing paycheck while I use most of my time to find another job and brush up on my marketable skills. Learning/Mastering Excel, Oracle based personnel management software, and quick books are nice to have on a resume, for instance.

    I'm not you, though, nor fully understanding of the entire situation. Make a lists of all of the possible pros and cons of each option you have and choose whichever harms your long and short term goals the least.

  • WildEEPWildEEP Registered User regular
    This sounds a lot like the bait and switch a lot of employers want to try so that they don't have to offer benefits to salaried employees.

    Problem is that most states have recognized this and made some specific rules around it, for when you call employees "contractors".

    Do they set your daily schedule?
    Do they control the work flow and work product - saying how to do it, and when to do it?

    If you answer yes to both of these questions then congrats - you aren't a contractor - you're an employee.
    If you're being taxed the self-employment rate, which it sounds like you are, I would understand the following things:


    1. The job market sucks in Michigan - hardcore. Its one of the worst places in the country right now in terms of economic recovery. There is little or no protection for workers rights and you will face an uphill battle if you want to tangle with your employer over your rights. You can do it . . but odds are they'll find a reason to let you go, and it'll pass muster of very loose regulatory oversight.

    2. While you may not be able to keep the job - what your employer is doing is going to raise serious red flags with the IRS. If you're looking to leverage your position (without planning on keeping the job), I would mention that you are concerned about the practice of calling you a private contractor when you aren't controlling the workflow or the hours. Quote them the direct IRS verbiage, found on their website:

    "You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed."

    Tell them that you feel that the previous attempts at making you a 1099 contractor were in a direct attempt to circumvent the FLSA (Fair Labor Standards Act) and that, given the working environment, you are a fully recognized employee under existing labor laws. That being the case, you expect to be retro-actively compensated for your hours worked in excess of 40 hours per week, under the standard overtime rate as defined within the FLSA.

    At that point you'll want to draft a letter to the IRS, the Michigan Employment and Relations Commission, and the US Department of Labor - Wage and Hour Division. You should stick to the facts - that you were hired under 1099 independent contractor status - but were not in fact a contractor - you were an employee who was forced to work above the 40+ hour work week without due compensation and retaliated against whenever you brought up the subject of assuming control of your work environment, work product, or work schedule. Give names, dates, and times of all the conversations and meetings that took place. Include any e-mails that mention those meetings and discussions.


    TLDR - Keeping a job where they want to punish you by messing with your compensation is bad. The good news is that when you leave, you can get a really really big check on your way out the door.

  • HadjiQuestHadjiQuest Registered User regular
    @bowen, yeah, I know exactly. I was fine without benefits because coming in I had no intention of being here for more than a year or so to gain some experience.

    I care a little less about obscuring my info at the moment, so I will say I was salaried for 25K a year, and currently make $12.50 an hour. But after my SE and income taxes, my real wage is closer to $9 an hour.

    How much would you guys say is bare minimum experience for office admin on a resume? Should I pull through the summer for 6 months? Should I just start looking immediately with the free time I barely have from working/driving 70 hrs a week?

  • SatanIsMyMotorSatanIsMyMotor Fuck Warren Ellis Registered User regular
    If you're a contractor aren't you, by definition, not an employee?

  • bowenbowen How you doin'? Registered User regular
    Yeah I figured you were somewhere around $10 an hour after $30,000 * 25% tax rate, which works out to something like $22,000 gross, which is like $9.40 an hour (45 hours). Congrats, you make barely above minimum wage for Michigan ($7.40 ?).

    You said you're general office staff?

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • WildEEPWildEEP Registered User regular
    If you're a contractor aren't you, by definition, not an employee?

    It depends. There are rules - some vary by state, some are federal based.

  • bowenbowen How you doin'? Registered User regular
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • bowenbowen How you doin'? Registered User regular
    edited April 2012
    Make sure you follow through and at least report them if you go that route, this prevents someone else from falling into that trap.

    It's really the difference between 330 a week and 450 a week. What could you do with an extra $500 a month? That's, potentially, a mortgage payment.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • WildEEPWildEEP Registered User regular
    bowen wrote: »
    Make sure you follow through and at least report them if you go that route, this prevents someone else from falling into that trap.

    It's really the difference between 330 a week and 450 a week. What could you do with an extra $500 a month? That's, potentially, a mortgage payment.

    Its a lot in back pay though if you factor in overtime, and a bigger return on his taxes at the end of the year.

  • bowenbowen How you doin'? Registered User regular
    Well a contractor should potentially get $0 back in their taxes if they do it right, most of the time they owe. Plus you've gotta (or you should, not sure on the cutoff amounts) file taxes every quarter or else you'll get dinged by the IRS (Which I bet Hadji didn't know).

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • HadjiQuestHadjiQuest Registered User regular
    Yeah, I knew about quarterly filing. Luckily my dad is one of those old school, knows-everything types. He was the first to let me know something was up.

    @WildEEP, I'm not following you. They've only cut me out of one day, and I'm fine punching for lunch, but I don't like that they're taking back that money from before they told me I had to.

    @bowen, it's a huge sum, I know. I'd love to make that much as an employee; I'd really be set for some time and I could focus on saving to go to grad school and just kind of chilling for a year or so. With what I currently make after taxes, I am hesitant to even try and move out. And yeah, I am general office work, but I also do in house IT, and some photography (we're an e-commerce store). I'm sort of a multi-tool as far as employees (err, contractors) go.

    I probably shouldn't be posting from work. Thanks for the michigan rules site; I will have to read that later.

  • bowenbowen How you doin'? Registered User regular
    Does your employer set your hours and provide equipment? I'd almost be willing to bet money you're an employee being taken for a ride, it's probably not even worth it. Contact your state DOL on your lunch today.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • spool32spool32 Contrary Library Registered User regular
    edited April 2012
    I seem to say this in every thread about employment, and people always seem to think I'm being over-emphatic, but gosh darnit this needs emphasis:

    HadjiQuest wrote:
    Is this legal? Can they do this? I never actually signed any agreements when I was made hourly, I just verbally agreed to it with my boss. I had been told it would begin the following paycycle, and I received my normal salaried check for that period. How can they dock me a day's pay from the following paycheck? Can I stop this?[/b]


    IF IT'S NOT WRITTEN DOWN IT NEVER HAPPENED. You and your boss have no agreements about your new time schedule. You don't have lunch. You don't have vacation days. You don't even have an hourly rate. You have nothing except what's written in your contract. So no, you can't do anything about getting docked hours because you never got anything written down regarding the change in pay schedule.

    According to his documentation, you are a contractor, not an employee. You're only owed for the hours you work, no more and no less. You have no protection from unemployment and no insurance if he fires you. You don't get "personal days" or any days or anything. You work your contract, and if you don't, you don't get paid. He owes you nothing beyond compensation for the hours you work, and if you don't have a written record of your new hourly rate he doesn't even owe you that.

    Edit: solid advice on proving you're an employee to the state. I'd go that route, because you are kind of being screwed. Note: this will be corrosive to your future job prospects if you live in a small town, so be aware.

    On the upside, once you get your new payscale and hours written down, you'll be making a bit more money. Until you get it all in writing though, remember: you don't have anything at all.

    If it's not written down, and signed by both parties, it. never. happened.

    spool32 on
  • WildEEPWildEEP Registered User regular
    HadjiQuest wrote: »
    Yeah, I knew about quarterly filing. Luckily my dad is one of those old school, knows-everything types. He was the first to let me know something was up.

    @WildEEP, I'm not following you. They've only cut me out of one day, and I'm fine punching for lunch, but I don't like that they're taking back that money from before they told me I had to.

    You need to calculate how much you've been working since you started in Feb. Add up all your hours in excess of 40 per week.
    Then multiply that amount by the time-and-a-half hourly rate you'd be earning. That is the $ amount they owe you as of right now.

    What me and Bowen are trying to tell you is that you were never a 1099 contractor. They told you that you were. They lied.

    They lied so that they could pay you less, pay the government less, and not have to provide any benefits - even the basic ones required by law.

  • bowenbowen How you doin'? Registered User regular
    spool32 wrote: »
    I seem to say this in every thread about employment, and people always seem to think I'm being over-emphatic, but gosh darnit this needs emphasis:

    HadjiQuest wrote:
    Is this legal? Can they do this? I never actually signed any agreements when I was made hourly, I just verbally agreed to it with my boss. I had been told it would begin the following paycycle, and I received my normal salaried check for that period. How can they dock me a day's pay from the following paycheck? Can I stop this?[/b]


    IF IT'S NOT WRITTEN DOWN IT NEVER HAPPENED. You and your boss have no agreements about your new time schedule. You don't have lunch. You don't have vacation days. You don't even have an hourly rate. You have nothing except what's written in your contract. So no, you can't do anything about getting docked hours because you never got anything written down regarding the change in pay schedule.

    According to his documentation, you are a contractor, not an employee. You're only owed for the hours you work, no more and no less. You have no protection from unemployment and no insurance if he fires you. You don't get "personal days" or any days or anything. You work your contract, and if you don't, you don't get paid. He owes you nothing beyond compensation for the hours you work, and if you don't have a written record of your new hourly rate he doesn't even owe you that.

    Edit: solid advice on proving you're an employee to the state. I'd go that route, because you are kind of being screwed. Note: this will be corrosive to your future job prospects if you live in a small town, so be aware.

    On the upside, once you get your new payscale and hours written down, you'll be making a bit more money. Until you get it all in writing though, remember: you don't have anything at all.

    If it's not written down, and signed by both parties, it. never. happened.

    The problem is @spool32 is that, potentially (and almost 100% likely) he is an employee and not a contractor regardless of what the "contract" says. It's a tax evasion scheme and the DOL/IRS doesn't look too kindly on shit like this.

    I could sign a contract that says I must walk around naked at work between 9-10 am, but that doesn't make it legal.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • bowenbowen How you doin'? Registered User regular
    Even the MI .gov site pretty much explicitly lines up hadji's requirements as an employee rather than a contractor.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • spool32spool32 Contrary Library Registered User regular
    edited April 2012
    Yeah, true that. Still, the main point I want to highlight is that without shit written down and signed, this whole hourly fiasco will be irrelevant when he goes to complain, because if it's not on paper it didn't occur. I dunno how he's going to try and claim months of back wages due to overtime when he didn't punch a clock for those hours - his boss will just say he never did them. Hell, his boss has already said he never did them.

    spool32 on
  • bowenbowen How you doin'? Registered User regular
    He could potentially leverage the "you're doing illegal shit and tax evasion" to fix the situation (and move to employee and not 1099 contractor).

    Or he'll be escorted out and need to contact the DOL (which he should do regardless).

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    bowen wrote: »
    He could potentially leverage the "you're doing illegal shit and tax evasion" to fix the situation (and move to employee and not 1099 contractor).

    IANAL but leveraging knowledge of illegal acts might tack you a little too close to blackmail.

  • EncEnc A Fool with Compassion Pronouns: He, Him, HisRegistered User regular
    Deebaser wrote: »
    bowen wrote: »
    He could potentially leverage the "you're doing illegal shit and tax evasion" to fix the situation (and move to employee and not 1099 contractor).

    IANAL but leveraging knowledge of illegal acts might tack you a little too close to blackmail.

    Yeah, this is not a great idea at all. The only leverage he could use would be necessity to the company, and it is unlikely that he has that (he would probably know if he did).

    At this point, check out WildEEp's stuff, look for another job, and next time write everything down via email or another accepted version of official documentation.

  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    HadjiQuest wrote: »
    How much would you guys say is bare minimum experience for office admin on a resume? Should I pull through the summer for 6 months? Should I just start looking immediately with the free time I barely have from working/driving 70 hrs a week?

    High School, knowledge of Word, Outlook, and maybe Excel. An associates would make you supremely qualified.

    Don't stick around for the experience and for your own sake DONT SUE THEM or make any labor complaints that put you on the public record. "Sued previous employer" is not something you want showing up on a background check right or wrong, because chances are there will be someone else with identical qualifications and suitable enough that DIDNT SUE HIS OLD BOSS.

  • bowenbowen How you doin'? Registered User regular
    DOL complaints are anonymous by the way. And yeah you probably shouldn't leverage it as blackmail, but this:

    "I took a look at some employment guidelines and noticed that my requirements and qualifications for this job mean I shouldn't be a 1099 contractor, but rather an employee. Is there anyway we can discuss changing my employment status?"

    is not blackmail.

    Saying "look I'm going to turn you over to the DOL and IRS unless you make me an employee and not a contractor" probably is.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • adytumadytum The Inevitable Rise And FallRegistered User regular
    As others have said, you need to rail this guy for misclassifying you as a contractor and hosing you on taxes. Report it to the IRS; they love cases like that.

    Mind that this should be done after you find another job.

  • ThanatosThanatos Registered User regular
    edited April 2012
    I think your "suck it up while looking for a new job" plan is probably the best one.

    Feel free to bail on these assholes without two weeks' notice, too. And file the labor complaint, provided it's anonymous, once you lock up different employment.

    Thanatos on
  • ThanatosThanatos Registered User regular
    And remember to get your offers of employment in writing.

  • bowenbowen How you doin'? Registered User regular
    Thanatos is the voice of reason here, I think.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • adytumadytum The Inevitable Rise And FallRegistered User regular
    Deebaser wrote: »
    HadjiQuest wrote: »
    How much would you guys say is bare minimum experience for office admin on a resume? Should I pull through the summer for 6 months? Should I just start looking immediately with the free time I barely have from working/driving 70 hrs a week?

    High School, knowledge of Word, Outlook, and maybe Excel. An associates would make you supremely qualified.

    The two biggest qualification for Office Admin type positions (at least at small companies!) is a) be generally competent and b) be likely to stick around a decent amount of time.

    Be charming and you shouldn't have any problem finding another position.

  • ThanatosThanatos Registered User regular
    Mention the fact that you're doing IT, too.

    I'm the IT guy in an office right now, and I will say that both bosses and IT guys love admins with technical aptitude. It wouldn't be a bad idea to get a typing cert, too, or at least take an online test and put your speed on your resume. 90ish WPM is pretty much top-tier for most admin jobs. Over that is nice, but usually gravy rather than a requirement. Getting your ten-key speed isn't a bad idea, either; even if you've never tested for it before, you might find that you have decent entry speed just from having used computers for so long.

    And feel free to exaggerate your abilities on your resume. Odds are, compared to most people, you are an "advanced" Excel user, even if you can't write vlookups on the fly. You're also an "advanced" Word user if you're capable of finding the functionality you're looking for after Googling it.

  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    Thanatos wrote: »
    And feel free to exaggerate your abilities on your resume. Odds are, compared to most people, you are an "advanced" Excel user, even if you can't write vlookups on the fly. You're also an "advanced" Word user if you're capable of finding the functionality you're looking for after Googling it.

    :^:

  • The Crowing OneThe Crowing One Registered User regular
    bowen wrote: »
    DOL complaints are anonymous by the way. And yeah you probably shouldn't leverage it as blackmail, but this:

    "I took a look at some employment guidelines and noticed that my requirements and qualifications for this job mean I shouldn't be a 1099 contractor, but rather an employee. Is there anyway we can discuss changing my employment status?"

    is not blackmail.

    Saying "look I'm going to turn you over to the DOL and IRS unless you make me an employee and not a contractor" probably is.

    I've been in such a position as the OP before, and there are always two sides to the same coin. I was pretty "let in" when I was making $15/hr as a 1099, and small businesses often engage in such tactic because they can't afford not to. That isn't assent for the bad practices, and this guy seems like an asshole (my former employer who had me on 1099 was fairly generous with paid time off when needed), but remember that a small business is going to get slammed on taxes and if the goal is to grow the company they often try to pinch every penny until they become large enough to support the actual overhead and incidental costs of business. Not an excuse, but I just want to throw out that there are somewhat understandable reasons why these things are widespread.

    But the best is as Than said, look for another job while you have your current position. Toss out resumes and see what kind of hits you get back.

    If anything, I'd sit down with your boss and try to work out a reasonable means to ensure you don't kill yourself with burnout. In my previously mentioned, similar 1099 job I was contracted for 35 hours a week and I ended up working my choice of 8:00am to 3:00pm M-F; my coworker who was under the same contract worked out that he'd work something like 9:00am-6:00pm M-Tu with a 3 day weekend every week. Perhaps you could swap some things around with your schedule to make it easier?

    Regardless, the real solution is using this as a stepping-stone to a better position somewhere else. I know that I worked through three years of crappy, low-paying jobs before I finally hit my current position, and that was a five month hiring process in and of itself.

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  • adytumadytum The Inevitable Rise And FallRegistered User regular
    edited April 2012
    If a business is above-board, they're not really "saving" on taxes by having 1099 contractors; they should be paying the contractor an hourly wage large enough to cover what the regular salary would be plus the taxes the employer would generally pay on the employee's behalf. Things like FUTA and SUTA are insignificant compared to the employer's contribution for SS/Medicare.

    But it's really easy to take advantage of people that don't know better and misclassify them as a contractor and not pay them commensurate with the liabilities that designation entails.

    adytum on
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