Is my supervisor taking advantage of me by not making me perm? (employee, profit)

[joblessinca]

I started working at a company about 8 months ago. During the interview, my supervisor (interviewer) informed me that this job was going to a contact position. I told him that I wasn't comfortable with working as an independent contractor and that I was seeking a full-time position. He asked me if I was okay with accepting a one-month contract position so that we could see if this position was a good fit for the both of us. I accepted the offer and after one month, I asked him if I would be hired full-time. He gave me some excuse over how the position he had created for me was in a delicate situation and that it wasn't a good time to ask his supervisor to approve the position permanently. And that it was all a matter of timing and he would ask him when the time was right.

Well, I had followed up with him for the next two months at the end of each month and always there was some sort of excuse about timing. Eventually after asking for the 3rd time, I stopped asking because I didn't want to rock the boat and risk getting let go, because then I would just be without a job.

Now it's been 8 months that I've been working as an independent contractor. This was not what I originally agreed to. It doesn't seem like there's any sign of me getting hired on full-time, despite putting working 40 hours a week, sometimes putting in extra hours after work and being on-call after hours. He did give me an okay raise after my 4th month, but to be honest, after factoring in the taxes and my own benefits I have to pay as an independent contractor, it doesn't really make up for it all that much.

I like my job for the most part. The environment is pretty chill most of the time and I have a lot of creative freedom to do what I want without being micromanaged. Also, it's the most money that I've ever made. At the same time, I can't help but feel like I'm being taken advantage of. I work as an employee with a specific set of hours 40 hours a week, on-site. And I'm not okay with having to pay more taxes as an independent contractor. I'm already at risk of becoming expendable, lest my supervisor decides one day that there's no need for my position anymore. Then I'm out without a job and get no unemployment benefits.

Is this a good time to bring this up with my boss? Was this already a lose-lose situation for me from the start where he had no intention of hiring me full time to begin with? How can I address this issue with my boss without stirring up too much trouble where he would just let me go? And if he still gives me some excuse on why he can't hire me full-time, should I ask for another raise even though I just got one not that long ago?

[ieee488]

What is the point of bringing it up yet again?

He obviously knows what you want. He obviously doesn't care.
Either deal with this or leave.

[313Weather]

If you didn't get anything in writing (as far as your boss saying he wanted to test you out for 1 month then hire you on), then you're out of luck.

Sorry.

[MSchemist80]

You've been had. You should have been looking the entire time you were on contract. You should definitely start looking now. They are jerking you around and ripping you off until you leave and they start the same thing on the next sucker. Find a better job, leave, no counteroffers, and write on Glassdoor that they lie about their intentions to hire.

[CSD610]

Originally Posted by joblessinca

I started working at a company about 8 months ago. During the interview, my supervisor (interviewer) informed me that this job was going to a contact position. I told him that I wasn't comfortable with working as an independent contractor and that I was seeking a full-time position. He asked me if I was okay with accepting a one-month contract position so that we could see if this position was a good fit for the both of us. I accepted the offer and after one month, I asked him if I would be hired full-time. He gave me some excuse over how the position he had created for me was in a delicate situation and that it wasn't a good time to ask his supervisor to approve the position permanently. And that it was all a matter of timing and he would ask him when the time was right.

Well, I had followed up with him for the next two months at the end of each month and always there was some sort of excuse about timing. Eventually after asking for the 3rd time, I stopped asking because I didn't want to rock the boat and risk getting let go, because then I would just be without a job.

Now it's been 8 months that I've been working as an independent contractor. This was not what I originally agreed to. It doesn't seem like there's any sign of me getting hired on full-time, despite putting working 40 hours a week, sometimes putting in extra hours after work and being on-call after hours. He did give me an okay raise after my 4th month, but to be honest, after factoring in the taxes and my own benefits I have to pay as an independent contractor, it doesn't really make up for it all that much.

I like my job for the most part. The environment is pretty chill most of the time and I have a lot of creative freedom to do what I want without being micromanaged. Also, it's the most money that I've ever made. At the same time, I can't help but feel like I'm being taken advantage of. I work as an employee with a specific set of hours 40 hours a week, on-site. And I'm not okay with having to pay more taxes as an independent contractor. I'm already at risk of becoming expendable, lest my supervisor decides one day that there's no need for my position anymore. Then I'm out without a job and get no unemployment benefits.

Is this a good time to bring this up with my boss? Was this already a lose-lose situation for me from the start where he had no intention of hiring me full time to begin with? How can I address this issue with my boss without stirring up too much trouble where he would just let me go? And if he still gives me some excuse on why he can't hire me full-time, should I ask for another raise even though I just got one not that long ago?

Do you have a signed, dated, written contract for the first month stating the terms exactly in regards to the length of the contract and the specifics to being transferred from contractual to permanent?

Whether you are contractual or a permanent you are still "expendable" and so is everyone else who works for someone else.

At any rate if you do not have a written document regarding the original verbal agreement you basically have nothing.

[cotocatmom]

I'm not sure of your specific job details, but depending on the job you perform and your industry, you may or may not be considered an independent contractor under the law. Just because you are paid as one does not mean the position meets the legal guidelines (this depends on your state laws too). I would do some research and make sure that you really are an independent contractor in the first place, and your company isn't just labeling you as such. Check that out before approaching your boss. Otherwise you may have rights as an employee that you weren't even aware of. I could be totally wrong and you may legitimately fall into the category of an independent contractor, but I'm just throwing it out there because I see so many companies labeling jobs as contract positions that are technically not.

[TexasTony]

Usually contract to hire have a specific clause and period where in by the end of certain time period you have to become a permanent employee or you can no longer work in that position. You should have had that sort of clause in your contract before you started.

The exact reasons why you want to become a full time employee are the exact reasons why your boss wants to keep you a contractor. Also there could be a somewhat sinister link to the situation as well. Not that many people realize but there are lots of fringe benefits associated with having a long term contractor on a team from the contracting firm. I am not sure if he is benefiting from your contract somehow or the other and benefit would be gone once you become permanent but I have seen such cases happen a lot.

Perhaps you should accept that fact and enjoy the time while it lasts

[MSchemist80]

Not really. A contract to hire is an agreement between the client and contract agency not the worker. It states that if the worker works on contract for a certain length of time the client can hire them directly with no or greatly reduced finders fee to the agency. It says nothing about their intention to actually do so.

[MSchemist80]

I also agree on the 1099 situation. In order to be a legal 1099 you really need to be working at your own discretion on a set project of defined scope and length such as build a roof, design a webpage, consult on a specific project etc. Otherwise they are cheating on payroll taxes and sticking you with the employer portion of social security and medicare. IF so you should file form ss-8 and when you do taxes say this income should have been w-2 and that you filed ss-8.

Here are the factors that determine your status:
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.

[j7r6s]

It sounds as though your company is illegally classifying you as an independent contractor. An indefinite job, with set hours in their office with a direct supervisor probably doesn't pass the contractor vs. employee sniff test.