So to start, my story: I once interned for this small but very creative office. They offered me good money, the chance to work on some great projects in a good area of town near where many of my friends worked, and I got on well with the guy I interviewed with.

Fast forward three months- the one guy lower on the totem pole than I am has been fired for complete incompitance. They don't replace him. I'm now the lowest guy on the totem pole. The office looks a lot less pretty from there. I'm spending at least half my time running stupid errands, and am teased about how I can't make coffee and don't like going to starbucks (I'm allergic to caffiene, and have never even tasted coffee). Some days they complain if I have to be out of the office by 9pm, while other days they send me home at lunch because there's not enough work for me. It turns out they wanted someone with much more experience than me- while I'd worked other internships before, it seemed to bother them if I had to ask questions about anything, so I felt like a failure. The guy I got on well with at the interview turned out to be a Dr. Jekyll/Mr. Hyde clone. He threatened to fire me when my car broke down because I couldn't run errands anymore, even though I took the bus for an hour and a half to make sure I made it to work on time. I got depressed, and my work fell off a little because of all the stress. To top it off, they told the IRS I was an independent contractor, not an employee, so the good pay turned out to be shit after taxes. In fact, just the other week I got a letter saying that (almost two years later) I still owe a separate business tax I hadn't known about. I'm not a freaking business! I'm an employee who got screwed!

What I did- I tried dropping hints that I thought more of my work would be architectural. I was laughed at. I left once after working nine hours, without asking, because I figured my day was over. I got yelled at the next day because what I was working out had to have been done that night, but since nobody had bothered to tell me that, it wasn't. I started circulating my resume, going on interviews. Eventually got a job right as they were on the brink of firing me or at least cutting my pay anyways, and rejoiced when I knew I'd never have to go back. I wasn't quick enough to keep my pride.

What I could have done- I guess I could have quit sooner, but financially I don't know how I wouldn've managed. I could have been more direct about my problems. I SHOULD have been more direct about my problems. I wasn't because I never felt like I had the 'right moment'. The office was so open that I couldn't ask to talk with a principal without the whole office looking and listening. It was intimidating. I should have done in anyways. I didn't because I knew that my depression was starting to affect my work and wondered whether or not I really deserved any better than I'd already let them take. I did, but I was so put down that I had a hard time seeing it. I was a bloody coward.

What I could still do- tell the IRS about their tax fraud. They are evading taxes by classifying their employees as independent contractors (believe me, they're not), and shunting it on to the employees. I still occasionally think about it (esp. after that last letter), but I'm not sure whether that's going to far. Also I know that it would be motivated far more by anger for the rest of the shit I went through, than by any love of tax code, and it doesn't feel like the right reason. Or maybe I'm just too much of a coward.

Was there any sort of written contract regarding the description/type of your employment at the company when you did the initial paperwork? Reporting to the IRS will do no good if they got their end covered in writing, else if not it becomes your word vs. theirs which is hard to prove.

there was no writing. They called and said come work for us. I did. After my first check, I asked why there were no taxes being taken out. They tried to act like they were doing us all a favor because we could write off all kinds of things (which would be cheating, because they actually reimbursed our miles, we worked on their computers, with their programs, at their office so we had nothing to reimburse). I accepted it because I didn't realize the difference.

Wow, it seems nobody cares to reveal/examine the reasons WHY they didn't take action when they were getting screwed...

I think you should report them - not even out of revenge, but because you should try to avoid paying the back taxes after being duped. Didn't you fill out a W2 form when you got the job - wouldn't it have been a different form if you were hired as an independent contractor? If you did a W2 and they switched you out, it seems like you would definitely have a case.

With one notable exception, I've had a long string of working for solid, wonderful human beings, including my current employer.

That one notable exception is when I worked for Noritoshi Hirakawa. He is a photographer known mainly for work with an erotic tone, and is regarded somewhat controversial. I knew that going into the job. But my role was an administrative/exhibition coordination assistant for a benefit art auction, not a model who has consented to being viewed and portrayed in that manner. The harassment didn't start immediately, but when it started it wouldn't quit. One day he kept asking me to do a photo shoot that I absolutely did not want to be in. If he would've asked once but dropped the topic when I said no, I wouldn't have thought much of it, photographers view everyone as a potential subject, but he just kept on and on. The day he started pressuring me to do that shoot, and finally even went so far as to actually TOUCH my breast, I quit working for him. It was a summer job, so that made quitting easier. Also, I was able to work with the host gallery for the rest of the summer so I was not out of a position and didn't have to interact with him anymore. My project was coordinating a benefit art auction for war victims, so there was a point to it, otherwise I would have just dropped it cold. No way would I put up with that disrespect for an extended period of time.

In some ways, quitting immediately over a very specific, very wrong incident (especially for a job that was temp anyway) is an easier decision than something like your situation where it's slow, builds up over months and months, and is possibly not illegal even though it definitely is wrong and totally unfair. Sometimes it takes a while for it to become a pattern - months of repeated staying until 9pm, not just one or two outlying nights when busting out a deadline; repeated nasty outbursts from the boss, not just a single incident when they're stressed and freaking out and then apologize later. I think it is better to bring up an issue that bothers you as soon you're bothered by it, so it doesn't fester. And while it's OK to make a case for yourself and your needs, it is better if you can also articulate why the thing that is bothering you is also hurting the company. Then you come across as concerned about the whole firm, not just yourself. "If you keep me here until 9, I'm exhausted and less productive when I come in the next morning, more likely to make mistakes, etc. More importantly, this indicates that we're not managing time well as a firm, what can we do to remedy the situation and make it better in the long term?" That sort of thing.

rationalist, regarding leaving before something was done because you didn't know when it was due:

This is great story for interns to learn from: When you are given a task always, always ask "when is it due?" If half the allotted time has elapsed and you are still only a quarter of the way through, then there is still time to ask for more assistance, so the firm won't miss their deadline and blame it on you. I know young interns always worry about looking inadequate, but screwing the firm's schedule because you are afraid to ask for help is a bigger problem than admitting your inability to get something done. I mean you're an intern for chrissake, the whole point is that you're there to learn and get better over time - and if your employer can't realize this and work constructively with you, then you need to find a different job.

Jeez, there are so many total a**hole employers out there! The whole "contract employee" thing is a huge problem and I think firms who hire in this way are just reneging on their professional responsibiliy, not only to the profession but to the economy.

it is also illegal to hire a independant consultant
for longer than one year..or really even the majority of
one year..as an independant consultant you should be
able to prove that you were truly independant. after the
year is over the
firm for whom you have been work is liable for paying
all of your taxes...not only what a typical firm pays...
as i understand it. unless you have a significant portion
of your salary coming from another employer for the year.
ie. another consulting job...the irs sees you as an employee
of the firm rather than a consultant. they may be able to
squeak by on saying that you only worked so many hours
and such...

also as an independant consultant i'm pretty sure that you're
legally allowed to charge hourly...i don't know for sure..but i
don't think i've heard of any independant consultants being
hired on a salary basis...but maybe they exist?

other questions...were your provided dental and health care?
any other benefits?

it seems like the employer could be liable for some if not all
of your back taxes in my personal opinion.

interesting premise. i'll diverge a little from the stated intention of this thread, though, and go straight to why i (and others) didn't / don't do anything about our crappy bosses and horrible work situations...and why they are perpetuated.

anything that's happened to me - has happened to others; unfortunately our stories are not unique. insert architectural horror story here.

one reason why people don't speak up:

i (and presumably many, many others) take the money we get from architecture and use it to purchase food, clothing, and shelter. and not organic vegetarian salads, diesel jeans, and funky lofts, either. i mean mac & cheese, target slacks, and drywall mold sponges in the suburbs. threatening the source of that income, however painfully earned, is risky. it's not to say that money is everything and that there are no limits to what people will do to earn a living, but it is a real luxury to have the kind of safety net that allows you to upraise your middle digit and tell your boss where to stuff his cappucino just because you're not getting time-and-a-half. or to call the feds.

(that being said, no amount of mac and cheese can make up for actively engaging in an illegal act or one that goes against everything one stands for.)

reason why this crap continues:
because architects will have a crappy job, leave it, eventually set up their own office ... and then do the exact same things they saw their bosses do. and not even against their own wishes or judgment...but out of indifference and lack of human regard. it's like those fraternities where they paddle you during rush. it probably hurts, and it certainly is humiliating, but it's a milestone on the road to something you want. next thing you know, YOU are rush captain and there you are with the paddle in your hand. and you can't quite remember what it felt like to be on the receiving end.

hopefully that's not an analogy most people here will be intimately familiar with...

obviously, "abuse and accountability" can be a two-way street ... it's probably not fair to suggest that the employer is always in the wrong here ... I've been in the industry for some years now and I know a number of firm principals who have been "conditioned" over time by a succesion of interns who expect extraordinary compensation, yet don't offer either the ability or the drive to make a meaningful contribution.

i recognize that there are firms out there that take unfair advantage of young professionals ... that is wrong. i also recognize that there are young professionals out there who take unfair advantage of their employer ... that also is wrong.

in our firm, we try to hire slowly ... that helps us get to know the candidate fairly well before he /she starts ... we always check references and that investment of time helps us understand other dimensions about the candidate ... we typically invite the candidate to meet with as many members of our firm as they desire and to ask as many questions as they can dream up ... we try to be open and honest about our firm and what the candidate can expect ... we also try to be candid about what we expect ... our job offer is ALWAYS in writing, it's very detailed about the compensation being offered, the letter provides great detail about our benefits, it includes a detailed description of the duties we're asking the candidate to undertake.

despite the careful approach, sometimes it still doesn't work out. that's painful for us and we know it's painful for the departing employee ... over time, I've come to realize that some young candidates simply aren't exerting as much caution as we are ... that's not to blame anybody ... just a reflection on the idea that finding a good fit (and making it work) is REALLY HARD.

What a timely thread... I'm in the middle of a wierd situation right now, and though about posting a new topic about it, but it looks like this is the place.

I was hired by a small firm back in August on a 3-4 week temp-to-perm basis for a specific project that was on a tight deadline. Decent hourly pay rate plus overtime, but no benefits.

I was under the impression that this was standard proceedure with all their new hires, and reading the employee manual seemed to back me up on that. People are hired for a 30-day probation period, and upon evaluation at the end of 30 days, are offered permanent positions with full benefits, etc.

Well, my 3-4 weeks come and go, so things are going well. Both the principals and the client were happy with the work I did on that particular project, and I've been given additional projects. It's also a good atmosphere and I generally like the people I work with.

Well, at one point the firm principal asks me if I'd be interested in staying on more-or-less permanently. They know I plan on going back to school full-time next fall to finish my undergrad, and I've been offered employment at least through that period. I gladly accepted, but made the mistake of not asking about benefits. Every other firm I've ever worked for has given me full benefits as standard proceedure once I completed my probationary period, so I assumed this firm would be doing likewise.

Problem is, they're now considering me an "independent contractor" and aren't offering me anything in the way of benefits. But I filled out a W2 form when I was hired, and FICA and SSI are being witheld from my paychecks so far. Looks to me like I'm a real employee, but what the hell do I know.

In the meantime, I've also been saddled with The Project From Hellâ„¢ (see "AutoCAD nightmares" thread) by somebody else who is leaving the firm two weeks before CD's are due, and it appears as if I'll be managing this project singlehandedly, despite the fact that I have zero experience being a PM.

Oh, and did I mention that a bid set for my other project is due on the exact same date?

I'm being asked to put in lots of overtime, everybody seems to think I'm doing a good job, and at least once a week I can count on a mini-lecture about how important these projects are to the firm.

But all this work is making me physically sick, and I also have a couple of ongoing health issues that need attention ASAP. (I've been without health insurance for over a year now, during which time I tore my right rotator cuff to shreds, and developed an ulcer in my esophogus due to acid reflux. I also have chronic issues with depression that certainly don't help matters, and I really should be on some meds.)

Right now the firm is severely shorthanded (several people have left in recent weeks), so I figure I'm in a fairly good position to be more assertive than I would be otherwise. But then, I was unemployed for almost a year before I started this job, and I'm just barely getting back on my feet again financially. The memories of being out-of-work and flat-broke are still fresh in my mind.

Also, before I got this offer, I had probably sent my resume to every firm in Chicago, but barely heard squat. The fact that A) I haven't finished my degree yet, B) I don't have a stable work history, and C) I've probably burned my bridges with one or two large firms in town don't make the idea of another job search very appealing to me.

So, what to do? I've already explained to the principal that I need health benefits (as much as I could without giving her my whole medical history), and she said she'd talk with the HR person and get back to me. That was a week or two ago, but things have been busy and I haven't had a chance to follow up.

Ideas?

LIG, be assertive, talk/email the HR person and ask if there has been any action. Either put it on to him/her to sort it out, or go back to your boss. Dont let things slide - it only gets worse. You need to take yourself more seriously, and have more respect and value for your work and abilities.

gin, it is illegal for you to be considered an independent contractor and work in their office full time. you are a full time employee and are entitled to the same benefits others get in the office.
the firm would be in big trouble if the state were informed of your independent contracting/in office status. if nothing else, use this as leverage to get your benefits/full time status quicker. (your responsible for all your taxes/state+federal at the end of the year, so take about 25-30% off your paycheck and this is what you're really making).
good luck.

Yeah, LIG, it sounds like you need to be a little bit of a pest to make sure you get the benefits in place. They obviously value you, and need you, and you deserve to get the benefits. I'd say bug the HR person every other day for a eek, then step it up to every day, and mention it to someone above that person as well. Good luck.

Decent health insurance is priceless, folks. Being self-employed now and with a much smaller benefits package I'm missing that. But I'M the partner that selected our health insurance, so I can't blame anyone but me!

People suck!

Well, I talked to my immediate supervisor (a senior project manager who I have a good working relationship with) this morning and let her know that the current situation was unacceptable. She agreed to have a chat with the principal about it, and I also plan to follow up with the principal myself. I don't think the HR guy has any real decision-making powers.

Another little wrinkle to the situation: There's actually two firms I'm dealing with here. "Mr. X" owns an architecture firm called Company X. His wife, "Mrs. Y" owns an interior design firm called Company Y. Both firms share the same office space, the same receptionist, same computer network, etc., and employees of each firm frequently work on each firm's projects. (Company Y's sole purpose of being is to be a certified Woman-Owned Business, which helps bring in projects that have WBE/MBE set-asides.)

Right now one of my big projects is a Company X project, and the other big project is a Company Y project, and I'm splitting my time roughly 50/50 between the two projects. So my concern is that they'll come back and say, "Well, you're technically only working part-time for Company X and for Company Y, so we'll just keep you as an independent contractor and give you two checks on payday, that happen to total up to a full-time paycheck."

I guess if they choose that route, I can simply say, "Fine, my normal freelance rate is $50 per hour, and I do it from home in my pajammas." Somehow I doubt they'd be amused.

Sad part is, since I started this gig, I've gotten calls from a few other firms interested in having me in for interviews, but I turned them down as it appeared I already had a decent job. Arrrgh!

living in gin: ask your employer to make you a full-time employee of one firm or the other so that you can qualify for benefits ... being an employee of Company X does not preclude you from providing work for Company Y on an as-needed basis ... if the firm has even a half-assed accounting department, that's a simple cost transfer issue.

If they're not willing to make a reasonable accommodation for you on this matter, you may want to start looking for employment elsewhere.

and with all your health issues, you should quit gin -if you haven't yet.

And then what?

then start running, take yoga classes or guitar lessons. whatever that will get you out of depressing.
never mind, keep drinking.

My preferred way to get out of "depressing" is to take a long drive in the country, or to go hiking in Oregon. But driving and hiking don't pay the bills or put food on the table.

Come on are employers that difficult. I would think if they need you and it sounds like they do they would provide the benefits with out question. They would lose a lot more money if you walked out the door. The cost of benefits is pretty minimal really. I run a small office and it is about getting along and being able to do your job if your so stressed out that you can't do any work your no hope to them either.

Devil's advocate here... but I think you need it. Do what I'm going to do...bear it a bit longer, interview at other firms, and when you DO get a job, tell them to go FUCK themselves...or you can put across in an intelligent manner if you like...sometimes that's even better than telling them to get fucked. Don't I / you WISH you could be a fly on the wall after all that...bosses bitching at each other, hell, I'm even considering handing my boss the gun, then he can go shoot the dumb CEO bitch himself, I'll be giving him lots of ammunition. Just remember, stay portable and not scared with your skills, work ethic, as well as general ethics, and you'll weather the storms. The CEO's can't make $hit without the people who actually do the work.

Archinect has the answer - wear this T-shirt to work in order to demonstate your frustrations!

yeah ... that'd be a smart move !

they're really going to want to incur higher costs for somebody who wears their cynicsm on his /her sleeve ... erh, chest ...