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Advice on Contracting
Self | 12 May 2005 | <self>

Posted on 05/12/2005 9:25:28 PM PDT by Lexinom

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1 posted on 05/12/2005 9:25:28 PM PDT by Lexinom
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To: Admin Moderator

AM, could you remove this from "News/Activism"? It was intended for "Chat".


2 posted on 05/12/2005 9:26:17 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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To: Lexinom

Your verbal contract is worth only the paper it is not written on.


3 posted on 05/12/2005 9:27:38 PM PDT by HuntsvilleTxVeteran ("In any compromise between good and evil, it is only evil that can profit." AYN RAND)
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To: Lexinom

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.


4 posted on 05/12/2005 9:28:49 PM PDT by Jaysun (No matter how hot she is, some man, somewhere, is tired of her sh*t)
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To: Lexinom
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..

5 posted on 05/12/2005 9:28:53 PM PDT by Drammach (Freedom; not just a job, it's an adventure..)
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To: Lexinom
"verbal contract"

Well, first off.....your "contract" is the problem.....

6 posted on 05/12/2005 9:28:54 PM PDT by goodnesswins (Our military......the world's HEROES!)
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To: Jaysun

It's my wife actually that's expecting the baby!

This company is well-known for burning bridges. That's why they're still small and struggling after two decades. A similar company started at same time has 500 employees.


7 posted on 05/12/2005 9:30:15 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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To: Lexinom
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.

8 posted on 05/12/2005 9:30:30 PM PDT by Dinsdale
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To: goodnesswins

I understand Washington RCW does not recognize verbal contracts.


9 posted on 05/12/2005 9:31:02 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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To: Dinsdale
" Remember libertys are taken not given."

Good advice!

10 posted on 05/12/2005 9:32:10 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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To: Lexinom

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).


11 posted on 05/12/2005 9:32:33 PM PDT by BlueNgold (Feed the Tree .....)
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To: Lexinom
It's my wife actually that's expecting the baby! This company is well-known for burning bridges. That's why they're still small and struggling after two decades. A similar company started at same time has 500 employees.

But you said "contract work based on a verbal contract". That leaves the company with almost no obligations, save what they're willing to do out of the goodness of their hearts. Is it necessary that your wife work after having the baby? Is there a way for you to allow her to stay home with the kids?
12 posted on 05/12/2005 9:33:22 PM PDT by Jaysun (No matter how hot she is, some man, somewhere, is tired of her sh*t)
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To: Lexinom
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.

13 posted on 05/12/2005 9:34:01 PM PDT by keithtoo (Howard Dean's Democratic Party: Traitors, Haters, and Vacillators)
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To: Lexinom
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.
14 posted on 05/12/2005 9:35:24 PM PDT by Dr.Zoidberg (This tagline brought to you by Islam. Islam, only the best of the 12th century for you and yours.)
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To: Jaysun

That's good to know, actually. I've been the kind of person that likes to make everyone happy and keep the red-tape to a minimum, but that has been abused in this case. I feel grateful to be on the health plan and to have this work to do, but also feel used. If I'm going to put in the kind of effort they demand, I'll go over to Micro$oft and at least get some reward for it.

My wife is a full-time housewife by mutual choice. She will also homeschool when the time comes.


15 posted on 05/12/2005 9:44:31 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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To: Dr.Zoidberg

LOL :-D


16 posted on 05/12/2005 9:45:57 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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To: keithtoo
I filled my original contract long ago, but was kept on.

From what you've said, sounds like it's bye-bye time.

17 posted on 05/12/2005 9:47:01 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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To: BlueNgold

No. I billed for one hour that week - the time I spent in the office trying to make things work after the long drive down. I do not - nor expect to - get paid for time not worked.


18 posted on 05/12/2005 9:48:49 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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To: Lexinom
If you are in software and are on a verbal contract you may own the code you generated for them.

Check in your state but the default in some states is that you own the code, they own a license.

On the other hand you might not want to own the code...unless their competitors would also like to buy a license. But that is burning a bridge so it's a drastic step.

19 posted on 05/12/2005 9:51:36 PM PDT by Dinsdale
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To: Dinsdale
The code has been extremely rushed. This company does not write design specs becase of the time it takes. Ironic because the resulting bugs and maintainability more than nullify the time savings.

The CEO does not even have a high-school diploma, from what I understand.

20 posted on 05/12/2005 9:53:56 PM PDT by Lexinom (Seattle is to the unborn what Auschwitz was to the Jews)
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