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To: Lexinom
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).
21 posted on 05/12/2005 9:58:47 PM PDT by politicket (We now live in a society where "tolerance" is celebrated at the expense of moral correctness.)
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To: politicket
Sorry for the typos in my post above....my computer programming is actually better than that...I'm series! ;-)

Point #4 was unimportant anyways...
23 posted on 05/12/2005 10:01:45 PM PDT by politicket (We now live in a society where "tolerance" is celebrated at the expense of moral correctness.)
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To: politicket
Thanks for the advice. I've bookmarked this and will refer back to it. It is much appreciated.

I am sorry to have left the impression I expect paid vacation. No, I don't expect to be paid for hours I don't work. Burnout is simply a reality common to our industry, as you are probably well aware.

24 posted on 05/12/2005 10:01:54 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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To: politicket
I've got to jump in and disagree with one point you made.

Given poor enough methods there is no way a person can be replaced in a week. Even in good environments new people are net negative for a period depending on the project complexity.

If he's up to his nose in the project and the company depends on the system for core business he can leave the CEO thinking the word extortion 10 years from now when his name is mentioned. I've done the very thing. It feels good to deal out some justice once in a while.

27 posted on 05/12/2005 10:08:04 PM PDT by Dinsdale
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