Uh what does this mean..
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@IRJ said:
COMPANY 1 is trying to tell me as little as possible about the lawsuit, but at the same time they are telling me not to talk to anyone. Seems fishy to me.
Not even slightly fishy. this is absolutely standard.
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Exactly, I'd find the confidentiality agree you signed and read it. See what it says you can and can't say.
But not only that, If Company 1 is a customer of yours, why would you want to give any information you're not required to by law. You want to keep them as a customer I assume (or else you should have fired them already), so you want to keep them happy. They say don't talk, don't unless required by law.
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I worked with COMPANY1 for a few months as a contract employee. It wasn't my favorite job, and that's why I moved on quickly.
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@IRJ said:
I worked with COMPANY1 for a few months as a contract employee. It wasn't my favorite job, and that's why I moved on quickly.
Where you a 1099 "employee"? If so, they may be listing you as a vendor.
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But regardless, if you had a contract, you are bound by it.
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@scottalanmiller said:
@IRJ said:
I worked with COMPANY1 for a few months as a contract employee. It wasn't my favorite job, and that's why I moved on quickly.
Where you a 1099 "employee"? If so, they may be listing you as a vendor.
No. I worked through an agency
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Presumably you signed some contract papers? Non-disclosures are very common.
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It sounds like you were contracted at this company when the event happened and they are sending out a blanket do-not-disclose to anyone who was on their records. You may not have anything to worry about.
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@scottalanmiller said:
Presumably you signed some contract papers? Non-disclosures are very common.
I probably did. I need to talk with their HR department to see exactly what they say.
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Yes, you should be able to request a copy of the agreement for your attorney. That's standard.
I've had to do this before.
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@IRJ said:
@scottalanmiller said:
Presumably you signed some contract papers? Non-disclosures are very common.
I probably did. I need to talk with their HR department to see exactly what they say.
the HR company that you worked for, not COMPANY1
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@Dashrender said:
@IRJ said:
@scottalanmiller said:
Presumably you signed some contract papers? Non-disclosures are very common.
I probably did. I need to talk with their HR department to see exactly what they say.
the HR company that you worked for, not COMPANY1
The Contractor doesnt know anything. They told me to check with COMPANY1. COMPANY1 is the one that contacted the Contractor.
As far as the contractor, I went to their office one time and never really dealt with them again.
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While I suppose it's possible that you signed a contract with Company1, that seems odd if you were employed by the contractor.
Typically you would sign an agreement as part of your employement with the contractor, and the Contractor owners would sign a contract with Company1.
You need to find out who you signed a contract with so you know where you stand and with whom.
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@Dashrender said:
@IRJ said:
@scottalanmiller said:
Presumably you signed some contract papers? Non-disclosures are very common.
I probably did. I need to talk with their HR department to see exactly what they say.
the HR company that you worked for, not COMPANY1
Other way around. Remember there are two things at play here... one is that a NDA would be between him and COMPANY1, not the staffing firm. Second is that dollars to donuts they were a payroll service, not his employer legally. IT people use the term "employer" differently that the courts and IRS do. It is nearly certain that COMPANY1 was his employer.
The company that writes the checks and pays you is not necessarily your employer or else everyone would work for ADP.
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@Dashrender said:
Typically you would sign an agreement as part of your employement with the contractor, and the Contractor owners would sign a contract with Company1.
Not generally, not unless you are part of a team and only working with the client once in a while.
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@scottalanmiller said:
@Dashrender said:
Typically you would sign an agreement as part of your employement with the contractor, and the Contractor owners would sign a contract with Company1.
Not generally, not unless you are part of a team and only working with the client once in a while.
What would you call all the people who work for NTG? They are NTG employees, not employees of the businesses that contract with NTG.
Granted, his situation may or may not be like a consultant through NTG - not sure we have enough information.
So here's a question for you.
I had a friend that worked a consulting company - that consulting company (for lack of a better term) rented out employees to other business for 6 month to 1 year contracts. Who does that employee work for? the consulting company or the renting company?
i realize that renting in this case can seem like a red herring, so tread lightly around that term.
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@Dashrender said:
What would you call all the people who work for NTG? They are NTG employees, not employees of the businesses that contract with NTG.
Correct, because they are directed in their activities by @art_of_shred and none work only with a single client and none are full time on site with any single client and none are directed by the clients. They are not the norm in any way, which is working for a single client and directed by the client and only have their payroll come from the staffing firm. NTG is a consultancy, a real one, not a staffing firm.
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@Dashrender said:
I had a friend that worked a consulting company - that consulting company (for lack of a better term) rented out employees to other business for 6 month to 1 year contracts. Who does that employee work for? the consulting company or the renting company?
That's not enough info, but sounds like he would work for the client companies. There is an IRS checklist that lays it out. But pretty much where you work, how you split your time and who directs you determines for whom you work 95% of the time. It's only when those pieces are not all the same company that things get hard to determine, but as long as they are all the same company (and are typically the client company) then it is the client company that you work for (and the client company you have to sue for any lack of payment, for example, not the staffing firm.)
This isn't the official IRS checklist but is based on it taken from a site that I found quickly. But it should be enough to understand the logic. Basically it is a duck thing, if he acts like an employee - he's an employee. If he acts like a consultant, he's a consultant.
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What training the employer gives the worker. Independent contractors generally do not receive training from an employer.
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The extent to which the worker has business expenses that are not reimbursed. Independent contractors are more likely to have unreimbursed expenses.
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The extent of the worker's investment in the worker's own business. Independent contractors typically invest their own money in equipment or facilities.
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The extent to which the worker makes services available to other employers. Independent contractors are more likely to make their services available to other employers.
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How the business pays the worker. An employee is generally paid by the hour, week, or month. An independent contractor is usually paid by the job.
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The extent to which the worker can make a profit or incur a loss. An independent contractor can make a profit or loss, but an employee does not.
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Whether there are written contracts describing the relationship the parties intended to create. Independent contractors generally sign written contracts stating that they are independent contractors and setting forth the terms of their employment.
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Whether the business provides the worker with employee benefits, such as insurance, a pension plan, vacation pay, or sick pay. Independent contractors generally do not get benefits.
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The terms of the working relationship. An employee generally is employed at will (meaning the relationship can be terminated by either party at any time). An independent contractor is usually hired for a set period.
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Whether the worker's services are a key aspect of the company's regular business. If the services are necessary for regular business activity, it is more likely that the employer has the right to direct and control the worker's activities. The more control an employer exerts over a worker, the more likely it is that the worker will be considered an employee.
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What instructions the employer gives the worker about when, where, and how to work. The more specific the instructions and the more control exercised, the more likely the worker will be considered an employee.
This list is the one for determining 1099 vs employee status, but the topics are the same. Both come up constantly for IT workers.
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@scottalanmiller said:
- The extent to which the worker has business expenses that are not reimbursed. Independent contractors are more likely to have unreimbursed expenses.
I don't understand this one.
- The extent to which the worker makes services available to other employers. Independent contractors are more likely to make their services available to other employers.
Not according to Scott and the claim that many high level IT personal are actually contracted with firms, not employees because they don't show up as an expense and are less likely to be let go during staff reductions
- How the business pays the worker. An employee is generally paid by the hour, week, or month. An independent contractor is usually paid by the job.
What is usually? As a consultant/contractor I was primarily paid an hourly rate (but definitely not a wage)
- Whether there are written contracts describing the relationship the parties intended to create. Independent contractors generally sign written contracts stating that they are independent contractors and setting forth the terms of their employment.
In the aforementioned high level IT pros being contractors - I suppose they could have yearly contracts that need to be renewed, playing into this point.
- Whether the business provides the worker with employee benefits, such as insurance, a pension plan, vacation pay, or sick pay. Independent contractors generally do not get benefits.
I consider this a biggie - I don't know of any contractors who get benefits from people they are doing jobs for. I wonder if the OP did?
- The terms of the working relationship. An employee generally is employed at will (meaning the relationship can be terminated by either party at any time). An independent contractor is usually hired for a set period.
Again with the IT Pros mentioned above, are those contracts at will, or more typically yearly or something less?
- Whether the worker's services are a key aspect of the company's regular business. If the services are necessary for regular business activity, it is more likely that the employer has the right to direct and control the worker's activities. The more control an employer exerts over a worker, the more likely it is that the worker will be considered an employee.
How would the contracted above listed IT Pros not be completely led by the 'employer?
- What instructions the employer gives the worker about when, where, and how to work. The more specific the instructions and the more control exercised, the more likely the worker will be considered an employee.
Same question as above.
This list is the one for determining 1099 vs employee status, but the topics are the same. Both come up constantly for IT workers.
