I'm not sure if I am a contractor by the definition as you described below. However, I just work for them as a temp for about a couple of months till their website totally fixed up by me.
We never had a formal contact signed buy they pay me every two weeks for the hours I worked there.
Every employee there had to clock in and clock out even they are all regular full time. Quote:
Originally Posted by babydoll Madman
I read your other post. I'm in Human Resources with an emphasis on Employment Laws on the federal and state level. You stated you are a 'contractor.' By the description of your work, you are not and they incorrectly labeled you 'contractor.' Thats first and foremost because an 'employee' has more protection than do 'contractors.' Alot of companys try to avoid this protection and rights by incorrectly labeling them contractors, but the court system has 7 general rules to determine if you are technically an employee although they labeled you as a contractor. This test is callled "Right of Control." Once you establish your role as seen by the judicial system, then we can discuss more in depth about:1) how to currently handle that bitch in the meantime; 2) identify violations;3) identify any civil damages as a result.
It is unfortunate, but the accountant is liscensed and bond by her own code of ethics she more than likely violated also. Secondly, most if not all employers, would be able to see when you logged into your computer and logged off if you forgot to punch in or out. There should be no excuses. Most pro-active employers wanting to limit legal damages would just give you those meesly hours to avoid something larger in the long haul. This company seems very stupid and can only see what's in front of them.
PM me. But Its super late and I'm about to fall dead. | |