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I had an interview for a full time accounting position. They called me back and offered me a 1099 position for 2 months with a chance at perm instead because they really have not found who they are looking for and this way I can try them out and they can do the same with me. If I do not work out, then obviously they will not give me a full time gig.
The problem was they offered me the position on Monday and basically wanted me to start no later than 2 days later because the temp was in that position was leaving Friday and since the Controller was only there 2 weeks he had no clue what was going on and the temp at least had some inclination. The controller really has no idea what is going on because of his short length with the company.
Anyway, I told them I can start next Monday because my wife and I are going on a trip that we already planned. They said no dice and basically made an ultimatum saying if i did not start Thursday at the latest they will withdraw the offer. So I ended up not taking the job because I felt their ultimatum was inflexible especially since I interviewed for a full time job and was in no way expecting to start so soon. I would start before a background check! honestly, I think I dodged a bullet because I can only imagine their inflexibility once I start. Plus I will be walking into a mess.
I can't believe employers act this way. I offered to start in less than a week! A person currently working they would have to Waite at a least a month. Through. A temp agency, it might be different since the expectation might be to start right away. But I was interviewing for full time.
How is that illegal, please elaborate? I have worked as a 1099 employee for a firm in the recent past.
For the OP, if he/she was not told in the initial interviews about being hired on as an independent contractor, then I see it being possibly misleading, but not illegal. I would this potential employer may be just choosy. Most people are hired on probationary for the first 30 to 90 days depending on company policy. Chances are after making probationary status, the employee is then hired on as a "permanent" employee.
How is that illegal, please elaborate? I have worked as a 1099 employee for a firm in the recent past.
For the OP, if he/she was not told in the initial interviews about being hired on as an independent contractor, then I see it being possibly misleading, but not illegal. I would this potential employer may be just choosy. Most people are hired on probationary for the first 30 to 90 days depending on company policy. Chances are after making probationary status, the employee is then hired on as a "permanent" employee.
There is no such thing as a 1099 employee. An independent contractor is in business for themselves.
How is that illegal, please elaborate? I have worked as a 1099 employee for a firm in the recent past.
For the OP, if he/she was not told in the initial interviews about being hired on as an independent contractor, then I see it being possibly misleading, but not illegal. I would this potential employer may be just choosy. Most people are hired on probationary for the first 30 to 90 days depending on company policy. Chances are after making probationary status, the employee is then hired on as a "permanent" employee.
No they did not tell me in the interview stage. They told me at the offer stage and hardly gave me anytime to make up my mind!
1099 = Company cheating on their payroll taxes. A 1099 is someone hired for a project of defined scope such as design a web-page, build a roof, remodel a kitchen etc. This company is sleezy as heck and I wouldn't trust them worth a darn. I posted a bit earlier 27% of these so called temp-to-hire carrot and stick assignments ever turn perm. I'd steer clear or take it and keep looking.
A worker is an employee if the worker:
1. Must comply with the employer’s instructions
2. Receives employer sponsored training
3. Provides services that are an integral part of the business
4. Renders services personally
5. Hires, supervises, and pays assistants for the employer
6. Has a continuing relationship with the employer
7. Must follow set hours of work
8. Works full time for the employer
9. Works on the employer’s premises
10. Performs tasks in an order of sequence set by the employer
11. Must submit oral or written reports
12. Is paid by hour, week, month
13. Is paid for business and/or travelling expenses
14. Is furnished with tools and materials
15. Does not have a significant investment in the service-providing facilities
16. Cannot realize a profit or loss
17. Works for only one employer at a time
18. Does not make services available to the general public
19. Can be fired, and
20. May quit without incurring liability to the employer.
This is true even if an agency is in between you or and the company you perform the work for. The agency in this case is seen as a "payroll processor."
The OP noted this: "1099 position for 2 months with a chance at perm"
Sounds like they will be 1099 for 2 months, then become an employee if they are good enough.
They could hire him as a temporary employee for 2 months, but not as an independent contractor/1099 if he does not meet the IRS guidelines. Judging from the post and how he was interviewed as a f/t employee, it sounds like this employee does not know its azz from its elbow when it comes to tax matters and employment law and is just begging for some legal trouble and fines. Morons.
1099 = Company cheating on their payroll taxes. A 1099 is someone hired for a project of defined scope such as design a web-page, build a roof, remodel a kitchen etc. This company is sleezy as heck and I wouldn't trust them worth a darn. I posted a bit earlier 27% of these so called temp-to-hire carrot and stick assignments ever turn perm. I'd steer clear or take it and keep looking.
A worker is an employee if the worker:
1. Must comply with the employer’s instructions
2. Receives employer sponsored training
3. Provides services that are an integral part of the business
4. Renders services personally
5. Hires, supervises, and pays assistants for the employer
6. Has a continuing relationship with the employer
7. Must follow set hours of work
8. Works full time for the employer
9. Works on the employer’s premises
10. Performs tasks in an order of sequence set by the employer
11. Must submit oral or written reports
12. Is paid by hour, week, month
13. Is paid for business and/or travelling expenses
14. Is furnished with tools and materials
15. Does not have a significant investment in the service-providing facilities
16. Cannot realize a profit or loss
17. Works for only one employer at a time
18. Does not make services available to the general public
19. Can be fired, and
20. May quit without incurring liability to the employer.
This is true even if an agency is in between you or and the company you perform the work for. The agency in this case is seen as a "payroll processor."
Oh please. Ive worked plenty of 1099 contractor jobs.
Youre saying you can't work 1099 and bill them hourly or for travel expenses?
Not to mention my last 1099 job offered me a full time gig at nearly 100k/yr when our project finished.
I posted a bit earlier 27% of these so called temp-to-hire carrot and stick assignments ever turn perm. I'd steer clear or take it and keep looking.
Just to clarify, not all temp-to-hire positions are 1099 to start. In fact, most are w2 positions through a third-party staffing firm. 27% seems like a good number for temp-to-hire. A little higher at around 1/3rd would be ideal, statistically. But deviating from that on the higher or lower end would be a bit concerning.
I wonder how it varies on different levels of positions. I would imagine that low level positions like lab technicians might have a few number of people who turn to perm while higher level positions like software developers have a higher number.
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