Advice on Contracting

Self | 12 May 2005 | <self>

[Lexinom]

AM, could you remove this from "News/Activism"? It was intended for "Chat".

[HuntsvilleTxVeteran]

Your verbal contract is worth only the paper it is not written on.

[Jaysun]

Honestly, I don't see where they've screwed you around. Anyway, there's some law that Clinton signed making it illegal for them to fire you for being pregnant or having a baby. I think it's the "family leave act" or something of the sort.

[Drammach]

First, you get a lawyer..

Let the lawyer work out what you are presently entitled to..

Secondus..
Get a written and signed contract

Rather than concerning yourself with what has been, address the issue as it stands now..

[goodnesswins]

"verbal contract"

Well, first off.....your "contract" is the problem.....

[Lexinom]

It's my wife actually that's expecting the baby!

This company is well-known for burning bridges. That's why they're still small and struggling after two decades. A similar company started at same time has 500 employees.

[Dinsdale]

If you are on contract you don't get vacation unless you contract for it.

Same with paid holidays etc.

Regarding your medical insurance issues. Don't change your coverage if at all possible.

However based on the rest of your post, right after you deliver should be a perfect time to extract an extortionistic type raise from the PHBs. They will know just how bad they need you based on the absense.

Remember libertys are taken not given.

[Lexinom]

I understand Washington RCW does not recognize verbal contracts.

[Lexinom]

" Remember libertys are taken not given."

Good advice!

[BlueNgold]

If you got paid the week of 'connectivity issues' and did not work, then he has a point.

On the general issues - verbal contracts are always dicey. They do hold weight, depending on the state, the terms, etc. I would get something in writing, if nothing less at least get an email indicating the intent and general terms of your employment. However, most companies can terminate at will, and contracts generally only bind them to causes of action and severance packages (Unless you're an NEA teacher).

[Jaysun]

It's my wife actually that's expecting the baby! This company is well-known for burning bridges. That's why they're still small and struggling after two decades. A similar company started at same time has 500 employees.

But you said "contract work based on a verbal contract". That leaves the company with almost no obligations, save what they're willing to do out of the goodness of their hearts. Is it necessary that your wife work after having the baby? Is there a way for you to allow her to stay home with the kids?

[keithtoo]

Look, you are a 'contractor', NOT an employee. You do not have any right to a vacation.

Think of it this way. You hire someone to build a deck on your house. Do you owe them vacation time halfway thru the job? How about if you hire a plumber. Do you owe him a paid lunch hour? An auto mechanic. Do you owe him a dental plan for putting in a transmission in your car?

NO. A contractor is hired for a specific job (or series of jobs). A contractor is like the kid you hire to mow your lawn for $20.00. He owes you a mowed lawn and you owe him $20.00. That's it! If you give him some lemonade, that's great, but you only owe him what you specifically promise him and no more.

I have worked as a contractor and I have hired contractors in the past. Lots of times it feels like and employer/employee relationship, but it is NOT.

[Dr.Zoidberg]

O.K., Before you actually agree to the contract, make sure the person offering the contract is not a cop. Check for recording devices and make sure there's no one close enough to use a parabolic microphone.

Next, once you have taken the contract, make certain you are given recent photographs of the target and if possible an ACCURATE address. I can not stress this enough!

Finally, Take time to OBSERVE the target. Learn his habits, his routines, paths to and from work, etc.

Oh and before you commit to filling the contract, always get at least 40 percent up front.

Good luck.

[Lexinom]

That's good to know, actually. I've been the kind of person that likes to make everyone happy and keep the red-tape to a minimum, but that has been abused in this case. I feel grateful to be on the health plan and to have this work to do, but also feel used. If I'm going to put in the kind of effort they demand, I'll go over to Micro$oft and at least get some reward for it.

My wife is a full-time housewife by mutual choice. She will also homeschool when the time comes.

[Lexinom]

LOL :-D

[Lexinom]

I filled my original contract long ago, but was kept on.

From what you've said, sounds like it's bye-bye time.

[Lexinom]

No. I billed for one hour that week - the time I spent in the office trying to make things work after the long drive down. I do not - nor expect to - get paid for time not worked.

[Dinsdale]

If you are in software and are on a verbal contract you may own the code you generated for them.

Check in your state but the default in some states is that you own the code, they own a license.

On the other hand you might not want to own the code...unless their competitors would also like to buy a license. But that is burning a bridge so it's a drastic step.

[Lexinom]

The code has been extremely rushed. This company does not write design specs becase of the time it takes. Ironic because the resulting bugs and maintainability more than nullify the time savings.

The CEO does not even have a high-school diploma, from what I understand.