[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.....

[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.

[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).

[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.

[politicket]

Still, if the unprofessional conduct reaches the point where I must leave on my own

I've been a self-employed computer consultant since 1995 and I will give you my advice, even though you may not want to hear it (please do not take this as an attack on you, I am just speaking matter-of-factly).

First, a "verbal" contract means very little. Yes, you could probably get a lawyer that might be able to "infer" a contract based on your length of employment. However, the will be no inferral of vacation or sick days. You REALLY need to get a written contract, and have it reviewed by a lawyer (pretty inexpensive).

Second, you are a CONTRACTOR and not an EMPLOYEE. Therefore, you must forget about paid vacation, paid sick leave, Martin Luther King holiday, etc. The employer owes you absolutely none of this. This is why you hopefully charge a little higher in order to take your own vacation each year and be able to afford it (since you won't be getting paid during that time).

Third, you made the statement: "I am not easily replacable - the company is small, and the type of work is not something anybody could jump in and do. Therefore I am not too worried about termination (they would in effect be terminating themselves as the work would not get done for many months it would take to train)."

You are by no means irreplaceable. Please understand that. I'm sure that you provide a great service and do great work, but that same job could be getting done (on a quality basis) next week given the appropriate amount of money spent by your employer.

Fifth, you made the comment: "Still, if the unprofessional conduct reaches the point where I must leave on my own..."

Absolutely nothing in your post corresponds to "unprofessional" conduct by your employer. It sounds like they are treating you as a CONTRACTOR.

In summation: you really need a written contract and you must stop thinking of yourself as an employee of the company. You're not.

I hope that you consider this post in the light that it was written. This is not meant to demean you since MANY contractors go through the exact same thing once they have been with a company for a while (i.e.: thinking that they should be invited to the office Christmas party).

[LibFreeOrDie]

I've been an independent contractor (technical writing and course development) for over 10 years, and have to agree with Politicket.

(Also, in your duplicate thread, you mention that you took pity on the company. Don't let emotions ever get in the way of your best interests. You can't save a mismanaged company all by yourself.)

IRS guidelines on determing independent contractor vs. employee, with links to additional info, including detailed IRS training manual:

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

[PistolPaknMama]

This sounds like a fine line between "contractor" and "employee." The IRS has several questions you can answer to determine the status of a worker. I'd say you are an employee, not a contractor and the only reason they call you a contractor is so they don't have to carry workers comp insurance on you and pay half your social security.

As a contractor you probably should not be eligible to participate in their employer health care program either. For you to have signed up for that, somebody had to state you are an employee. Since they've already represented you as an employee, if you leave I'd feel sure they wouldn't come clean with their insurance company and say they lied the last three years just to keep you from getting COBRA. That's the only way you would become ineligible.

Won't go into the written contract issue since some other folks covered that on this thread already. But if you continue doing contract work in the future make sure you HAVE a contract that covers what-ifs and allows you a life!

Good luck!! :-)