ATOT: Need job/attitude advice

[OCGuy]

I thought because I didn't work for them the OT laws don't apply?

Are you being paid as an independent contractor? Do you get your paychecks with zero taxes taken out?

If so, then you do not get paid overtime no matter how many hours you work.

However, I do have a little experience in this, and it sounds like you are possibly misclassified. It is illegal for companies to use the contractor status scheme, and the IRS takes it very seriously.

More info:

http://www.irs.gov/Help-&-Resources...rs/Form-1099-MISC-&-Independent-Contractors-1

 

[DAGTA]

its not a resources problem, its a time problem.

We have been super swamped, especially the CEO. The big problem is that he doesn't understand what I do, so I don't think he knows what to offer. Then because of all the craziness lately, looking into it hasn't been a priority.

That's BS. If you have someone good that you don't want to lose, you make the time to make it work. I'm salaried and I've put in time on nights and weekends in order to sort things out with new hires or retaining people. In return, I have an amazing team that helps me succeed.

It's time for you to find another job, hopefully where they value people that work hard and put in extra time. I hope the next position is better than you expect!

 

[FleshLight]

Maybe he's waiting til q4 earnings are reported?

 

[rudeguy]

Maybe he's waiting til q4 earnings are reported?

Not a public company.

 

[rudeguy]

That's BS. If you have someone good that you don't want to lose, you make the time to make it work. I'm salaried and I've put in time on nights and weekends in order to sort things out with new hires or retaining people. In return, I have an amazing team that helps me succeed.

It's time for you to find another job, hopefully where they value people that work hard and put in extra time. I hope the next position is better than you expect!

You are right.

The CEO just talked about doing things face to face in a staff meeting. My current thought is to put together an email in the format posted earlier and request a face to face. I feel strongly enough about this that I think its time we have a "come to Jesus" talk.

The company has purchased somewhere around $10k worth of tools and supplies for me, so I know both them and I are heavily invested in me succeeding. I just think they need a fire lit under their asses.

 

[rudeguy]

Are you being paid as an independent contractor? Do you get your paychecks with zero taxes taken out?

If so, then you do not get paid overtime no matter how many hours you work.

However, I do have a little experience in this, and it sounds like you are possibly misclassified. It is illegal for companies to use the contractor status scheme, and the IRS takes it very seriously.

More info:

http://www.irs.gov/Help-&-Resources...rs/Form-1099-MISC-&-Independent-Contractors-1

I have to pay my own taxes. They don't take any out.

 

[OCGuy]

I have to pay my own taxes. They don't take any out.

Yea they are using the 1099 scam to avoid matching your Social Security taxes, paying into the unemployment insurance fund for you, as well as disability insurance. Basically you are unprotected should you be laid-off or injured.

IANAL, but big red-flags to misclassification are:

- Them discussing "hiring you" officially. If nothing changes as far as your job when they "hire" you, it is obvious you were never a true independent contractor.

- You getting paid per hour instead of per job

- Them providing you with all necessary items needed to do your job (computer, paper, pens, etc)

- You being told what hours you must work, etc.



Well at least you have something on them, use it wisely.

 

[BoomerD]

You are right.

The CEO just talked about doing things face to face in a staff meeting. My current thought is to put together an email in the format posted earlier and request a face to face. I feel strongly enough about this that I think its time we have a "come to Jesus" talk.

The company has purchased somewhere around $10k worth of tools and supplies for me, so I know both them and I are heavily invested in me succeeding. I just think they need a fire lit under their asses.

You'd better have a back-up job waiting in the wings when you have that "come to jeezus" talk...

 

[Soundmanred]

You'd better have a back-up job waiting in the wings when you have that "come to jeezus" talk...

Totally correct. I'm not sure if I would attempt it in his position. He doesn't even truly work for the company. Temp workers, especially 1099'ers, have no leverage.

 

[rudeguy]

Totally correct. I'm not sure if I would attempt it in his position. He doesn't even truly work for the company. Temp workers, especially 1099'ers, have no leverage.

I'm to the point where something needs to give. Last week was my tipping point. I had to travel all over Columbus Ohio, busting my ass to get the stores ready. No support, no help, just me busting my ass for 4 days. I finally get them all set, drive 6 hours back up to Michigan and literally as soon as I pull in to the office my phone rings. Its the owner and he says I have to leave early for Omaha. I barely had time to grab my go bag out of the car and put it into his before I left. By the time I got checked into my hotel in Omaha, it had been something like 14 hours since I had ate. I was in full on zombie mode. And I still had to sort through the 200 emails I had gotten while driving and flying to find the instructions for what needed done in Omaha and to see what follow up was needed in Ohio.

I won't go in with a bad attitude but I will not be afraid. I am tired. I am not getting paid the way I should be. I am on the hook for taxes and SSI that I shouldn't be. Its going to be up to them what they want to do but I am done biting my tongue.

 

[OCGuy]

On another note, the best time for them to start paying you correctly as a W-2 employee is the beginning of the year. If they pay you as a contractor at the start of 2014, and then switch you, they would have to issue you both a 1099 and a W-2 for 2014, which sets off alarm bells at the IRS.

 

[Edgy]

Don't get misled by how much they complement you or pat you on your back. It's their job to encourage you to work harder, especially if it doesn't cost the company a dime to do so.

You've already talked to them about improving your job situation to match the level of your contribution. No matter whatever else BS they fed you regarding your worth, their answer was a NO. They acknowledged that you're a hard-worker and improving your compensation is "on the radar" but answer was a NO.

Do you have additional compelling (from company's standpoint) argument that they should start giving you what you want since that last meeting where the answer was a NO? (i.e., a better competing job offer perhaps?)

Time to look for better opportunities elsewhere in my opinion. At least you haven't burned any bridges yet and probably can get a glowing recommendation toward a new job hopefully.

Don't take things too personally or react emotionally.

If I was the management, "come to jeezus" talk indicates that you're desperate (or upset) enough to risk taking a stand but not smart enough to find a better job elsewhere.

 

[Svnla]

I'm to the point where something needs to give. Last week was my tipping point. I had to travel all over Columbus Ohio, busting my ass to get the stores ready. No support, no help, just me busting my ass for 4 days. I finally get them all set, drive 6 hours back up to Michigan and literally as soon as I pull in to the office my phone rings. Its the owner and he says I have to leave early for Omaha. I barely had time to grab my go bag out of the car and put it into his before I left. By the time I got checked into my hotel in Omaha, it had been something like 14 hours since I had ate. I was in full on zombie mode. And I still had to sort through the 200 emails I had gotten while driving and flying to find the instructions for what needed done in Omaha and to see what follow up was needed in Ohio.

I won't go in with a bad attitude but I will not be afraid. I am tired. I am not getting paid the way I should be. I am on the hook for taxes and SSI that I shouldn't be. Its going to be up to them what they want to do but I am done biting my tongue.

Request a sit down chat with the owner and CEO pronto.

Write down everything in details and I mean everything of what you have been doing for the last few months to support your request to be a full time employee with benefits.

No need to be upset or get emotional. Just provide the facts and evidences to show them that you are a valuable employee. If they don't budge, time to move on because you would be a fool. No need to give them attitude, just look for another job and give them 2 weeks notice and DO NOT accept their later counter offer if you want to leave then.

 

[Hacp]

Find another position before you talk to anyone, so you have a backup plan.

 

[BoberFett]

I'm to the point where something needs to give. Last week was my tipping point. I had to travel all over Columbus Ohio, busting my ass to get the stores ready. No support, no help, just me busting my ass for 4 days. I finally get them all set, drive 6 hours back up to Michigan and literally as soon as I pull in to the office my phone rings. Its the owner and he says I have to leave early for Omaha. I barely had time to grab my go bag out of the car and put it into his before I left. By the time I got checked into my hotel in Omaha, it had been something like 14 hours since I had ate. I was in full on zombie mode. And I still had to sort through the 200 emails I had gotten while driving and flying to find the instructions for what needed done in Omaha and to see what follow up was needed in Ohio.

I won't go in with a bad attitude but I will not be afraid. I am tired. I am not getting paid the way I should be. I am on the hook for taxes and SSI that I shouldn't be. Its going to be up to them what they want to do but I am done biting my tongue.

Dude. I don't know how much you're getting paid as a "temp" but it sounds like you're getting boned.

 

[IndyColtsFan]

Dude. I don't know how much you're getting paid as a "temp" but it sounds like you're getting boned.

This.

Rudeguy, trust me, the CEO is just blowing sunshine up your ass and making excuses. As the top manager in the company, he literally has to make a phone call or shoot an email to get the ball rolling to hire you. Not 5 days of his time or 5 hours -- literally 5 minutes.

However, as I've said repeatedly in this thread, you have VERY LITTLE leverage at this point due to your employment status with them. I don't blame you for wanting to have a "Come to Jesus" moment with him, but protect yourself first and if possible, interview for some other positions and get something in the pipeline. I don't know your financial status (and don't really need to know), but I know you have a kid and at least you're getting a pay check right now.

 

[rudeguy]

This.

Rudeguy, trust me, the CEO is just blowing sunshine up your ass and making excuses. As the top manager in the company, he literally has to make a phone call or shoot an email to get the ball rolling to hire you. Not 5 days of his time or 5 hours -- literally 5 minutes.

However, as I've said repeatedly in this thread, you have VERY LITTLE leverage at this point due to your employment status with them. I don't blame you for wanting to have a "Come to Jesus" moment with him, but protect yourself first and if possible, interview for some other positions and get something in the pipeline. I don't know your financial status (and don't really need to know), but I know you have a kid and at least you're getting a pay check right now.

I could have another job tomorrow.

CEO just got back this afternoon. Looks like I send them email tonight.

Let's see how it goes.

 

[Geekbabe]

I wouldn't be getting on an airplane flying anywhere to set anything up as an employee without benefits. What happens if your plane crashes or you get ill faraway from home?

Your next move should be putting your resume together.

 

[olds]

I could have another job tomorrow.

CEO just got back this afternoon. Looks like I send them email tonight.

Let's see how it goes.

WELL?!

 

[OCGuy]

Sent an email? That is no bueno

 

[rudeguy]

WELL?!

Sent the email. Only saw the CEO for a couple minutes first thing today so I don't think he saw it. Monday should be interesting.

 

[Ns1]

Sent the email. Only saw the CEO for a couple minutes first thing today so I don't think he saw it. Monday should be interesting.

Stance of non-Dominance. Hope you're polishing off your resume this weekend.

 

[AznAnarchy99]

They're avoiding paying you holiday/benefits/bonus etc. Line up a new job and say you'll leave if they don't hire you.

 

[olds]

Spider?

 

[rudeguy]

Spider?

Pretty much.

Got told to "let him catch his breath" then we would talk. I'll be scheduling interviews soon.