I just quit - SM Posted: Jul 30th, 2021 - 3:04 pm In Reply to: I think that is what I'm going to do - SM
So, the trainer gave me a whole bunch of crap because I didn't get to the next three training files until very late at night. This is because I was working at my other job, my full-time job. They KNOW that I have another job that is full-time and this job with Allegis was only a supplemental job for me. I made this very clear when I was hired. I am also supposed to be an IC at Allegis. They assigned me three very lengthy files to do. I completed two of them and then informed the trainer that I would complete the third one this evening because I had go to work at my other job now. This was her response:
"The last file is only 5 pages. Most of the 15 minutes is Spanish going back and forth between A: and the interpreter. It should go relatively fast. I'm sorry to say that I cannot extend the time any further and need to have all the files by the adjusted due time of 1:00 PM, Pacific, for QD to continue given that there was no reason from Allegis' end that the files could not be completed on time. Thank you for understanding that these are our program requirements. The assignment was sent yesterday morning, and I was available all day for any questions, as I am today also. As you know, Allegis does not offer extensions in QD. So they do need to be turned in on time in order to remain in the program."
My response to that:
"Again, I did not get to these files until late last night BECAUSE I was working at my other job all day. My other job is allowed to dictate my schedule and impose specific deadlines that I am required to meet because I am their employee, unlike here where I am supposed to be an independent contractor. It is clear that I have been grossly misclassified by Allegis as an IC when I am being treated like an actual employee. I have pasted the independent contractor laws below. This came directly from the IRS website. I have bolded and underlined the blatant violations that have occurred here.
Avoid Exercising Control Over Independent Contractors
Whether an individual is an employee or independent contractor (IC) is relevant to many different laws, including tax laws, wage and hour laws, unemployment compensation laws, and workers' compensation laws. Federal and state agencies—such as the IRS or a state labor department—have their own tests for determining whether an individual has been misclassified as an independent contractor. However, common themes include: how much control the employer has over how, when, and where the work is performed; how much control the employer has over financial matters; and the relationship between the parties.
Your company can minimize misclassification claims by following these tips:
Don't supervise the IC or his or her assistants. The IC should perform services without your direction.
Don't prohibit the IC from using subcontractors.
Don't let the IC work at your offices unless the nature of the services absolutely requires it.
Don't give the IC employee handbooks or company policy manuals.
Don't establish the IC's working hours.
Avoid giving ICs so much work or such short deadlines that they have to work full time for you.
Don't prohibit ICs from working for other companies.
Don't provide ongoing instructions or training on how to do the work. (Giving specifications for the final product is generally fine.)
Don't provide the IC with equipment or materials unless absolutely necessary.
Don't give an IC business cards or stationery that have your company name on them.
Don't give an IC a company email.
Don't give an IC a title within your company.
Don't pay the IC's travel or other business expenses, unless they are unique to the project and have been negotiated in advance.
Don't give an IC employment benefits.
Don't require an IC to give you regular status reports.
Don't invite an IC to employee meetings or functions.
Don't refer to an IC as an employee or to your company as the IC's employer.
Don't pay ICs on a weekly, biweekly, or monthly basis. Instead, require ICs to submit invoices, and pay them at the same time you pay other outside vendors.
Don't provide ICs with W-2 forms.
Follow the terms of the IC agreement, including its termination provisions.
Don't give the IC new work after the original project is completed without signing a new IC agreement."
Their response:
"I do understand about people with other jobs, as I have coached many, and ICs are told that we will work around their schedules, if they are not available by email or calls during certain hours. But the 24-hour turnaround doesn't change. We have many people who go through QD with full-time jobs This assignment was sent at 10 AM yesterday and the email from you came 14 hours later at midnight Pacific time, not understanding the assignment. Extending the due time to this evening is not possible as we need the work during office hours. I'm sorry if this is not a good fit with your schedule, and while I agree it is unfortunate, there is nothing additional I can do.
My next step - REPORTING THEM TO THE IRS!!!!
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