Contract-to-hire shenanigans 1818 Responses

Last post: 1 year, 10 months ago | Thread started: Mar 16, 10, 6:01 p.m.

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• CyBrain

  I have to sign a contractor agreement with an agency I'm hoping to join as a full time employee. This seems to me that I would have a lower salary if I go full time sooner than 90 days. Am I missing something here? Has anyone seen anything like this before?

  7. Company Employees represent an inventory of skilled professional or clerical labor. In the event that Client (or any of its subsidiaries or related organizations), wishes Employee to convert to Client's regular employment (during the time that Employee is assigned by Company to Client), a conversion fee will be charged at the rates set forth below unless Company agrees to a lesser fee, in writing:

  If "conversion" takes place between days 1-30 of assignment: 15% of the Employee’s annual salary with Client

  If "conversion" takes place between days 31-60 of assignment: 10% of the Employee’s annual salary with Client

  If "conversion" takes place between days 61-90 of assignment: 5% of the Employee’s annual salary with Client

  If "conversion" takes place on or after 91st day of assignment: 0%

  Mar 16, 10, 6:01 p.m. – Permalink

• 74LEO

  Were you employed through a staffing agency?

  • no– CyBrain

  

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  Dog-earMar 16, 10, 6:03 p.m. – Permalink

• acescence

  it sounds like they're describing you going to work for a client the company assigns you to, not going full-time with the company itself. unless i read it wrong, which is likely.

  

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  Dog-earMar 16, 10, 6:04 p.m. – Permalink

• refunktion

  don't comprimise, hold steady.

  

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  Dog-earMar 16, 10, 6:04 p.m. – Permalink

• BonSeff

  dude, fuck. that.
  do not convert. that is some shady shit right there.

  

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  Dog-earMar 16, 10, 6:10 p.m. – Permalink

• BonSeff

  in fact it should be the fucking opposite. company found a great match and should pay the employee a bonus based on the same fucking terms. wow.

  

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  Dog-earMar 16, 10, 6:14 p.m. – Permalink

• acescence

  this doesn't sound applicable to you. you're looking to go full-time with the agency, not a client that has an account with the agency. for example, you work for agency, agency puts you on the walmart account, you bail on agency and go work directly for walmart. that is what they're trying to prevent you from doing, to protect their investment in you of time and money.

  • Maybe they sent me the wrong form that should have been sent to a recruiting agency. I don't know.– CyBrain

  

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  Dog-earMar 16, 10, 6:21 p.m. – Permalink

• bored2death

  hahaha... if you work for this company I can already tell you're going to get fucked... somehow and in someway...

  

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  Dog-earMar 16, 10, 6:27 p.m. – Permalink

• BonSeff

  there are sooo many ethical problems with that, whether it is a staffing contract or not. either way, the employee gets fucked. there is no upside for going full time before the 90 days.

  if anything the employee should keep a negotiated salary and the staffing agency get a bonus for finding a great match.

  the way that shit is worded, its out to fuck the employee.

  sooo shady.

  

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  Dog-earMar 16, 10, 6:36 p.m. – Permalink

• BonSeff

  god damnit, i'm retarded - i skipped lunch and had beers when i got home.. jesus..

  the way that is worded IS to reward the staffing agency with a % of the employees salary, not at all doc the employee...

  FULCK

  

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  Dog-earMar 16, 10, 6:43 p.m. – Permalink

• BonSeff

  in other words, Cybrain, you are fine.

  gaahhhh

  

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  Dog-earMar 16, 10, 6:45 p.m. – Permalink

• CyBrain

  Thanks everyone. I will call the HR person who sent me this tomorrow morning. I think she sent me the wrong thing.

  

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  Dog-earMar 16, 10, 7:11 p.m. – Permalink

• airey

  i'd be more concerned that they gave you the wrong document, or don't think it's the wrong document. i'd storm in there and refuse to sign anything until the get you a pink mink stole, a bedazzler and a lifetime achievement award from tv scene magazine.

  

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  Dog-earMar 16, 10, 8:51 p.m. – Permalink

• heavyt

  dont get your panties in a bunch. This is common practice. All it means is that whoever is placing you in that role will get a stack of money if they hire you on fulltime.
  ie. The staffing agency gets compensated for essentially finding them an employee, like a recruiter.

  • that's the point. he isn't being placed by anyone. did you read the whole thread?– airey1/3

    when i read "during the time that Employee is assigned by Company to Client" - that can only mean this refers to someone placing him– heavyt2/3

    placing him. There are 3 parties mentioned. I was just trying to reassure the chap.– heavyt3/3

  

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  Dog-earMar 16, 10, 10:34 p.m. – Permalink

• CyBrain

  I just got an email from the HR rep who sent me this form. Here is her response.

  Dean Mellis ("Company" or "Contractor") and ZenithOptimedia individually and as agent for Zenith Media Services, Inc., Optimedia International US, Inc. and Zenith Direct, LLC and the respective subsidiaries of each (“Client”), hereby agrees on behalf of the individual client involved as follows

  If you were part of an agency, then those terms would apply. Since you are not part of an agency, those terms do not apply to you. The form is written to cover all points of discussion that might arise or could arise when dealing with both independent contractors and agency employed contractors.

  • wait... people say things like this to me when they try to get me to sign away all my rights... I say no!– vaxorcist1/2

    the phrase "don't worry, this part doesn't apply to you, but please sign here".... uh huh?!?– vaxorcist2/2

  

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  Dog-earMar 17, 10, 6:22 a.m. – Permalink

• vaxorcist

  Don't worry..... they will probably go out of business or be bought soon anyway.... contracts like this indicate that lawyers and suits are in charge and we all know what happens when that happens....

  

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  Dog-earMar 17, 10, 7:07 a.m. – Permalink

• whereRI

  wow. you read your contract.

  

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  Dog-earMar 17, 10, 8:28 a.m. – Permalink

• duckofrubber

  The is obviously a tarp.

  

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  Dog-earMar 17, 10, 11:27 p.m. – Permalink

• airey

  my cat's breath smells like cat food.

  

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  Dog-earMar 18, 10, 1:29 a.m. – Permalink