Re: Does this seem really low?

2005-07-05 Thread Jennifer Larkin
I like how it specifies that you will not be able to support yourself
on this income, so if you are a homemaker looking for income to
supplement the income made by your spouse (and you just happen to have
three years of AS) or you have an existing part-time job that does
support you (and you think you get paid way too much for that job), we
want you!

I really like how the URL at the end refuses connections.

On 7/4/05, Aaron Rouse [EMAIL PROTECTED] wrote:
 By reading that job posting, ANY benifit would be considered decent. I know
 what walmart offers is a lot better than the nothing I get right now.
 
 On 7/4/05, Adam Haskell [EMAIL PROTECTED] wrote:
 
  Decent benifits and Walmart don't go together...
 
  Adam H
 
  On 7/3/05, Aaron Rouse [EMAIL PROTECTED] wrote:
   There are some jobs with Walmart that pay more than $10/hr and offer
  some
   decent benifits and take very little brain thought.
 
 
 
 

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Re: Does this seem really low?

2005-07-05 Thread Aaron Rouse
Well I guess if I was a homemaker just looking for something to do and just 
happened to have the AS experience then I'd do it. Now if my wife would just 
get that high paying stable job so I can retire then I'd be applying :)

On 7/5/05, Jennifer Larkin [EMAIL PROTECTED] wrote: 
 
 I like how it specifies that you will not be able to support yourself
 on this income, so if you are a homemaker looking for income to
 supplement the income made by your spouse (and you just happen to have
 three years of AS) or you have an existing part-time job that does
 support you (and you think you get paid way too much for that job), we
 want you!
 
 I really like how the URL at the end refuses connections.
 
 On 7/4/05, Aaron Rouse [EMAIL PROTECTED] wrote:
  By reading that job posting, ANY benifit would be considered decent. I 
 know
  what walmart offers is a lot better than the nothing I get right now.
 
  On 7/4/05, Adam Haskell [EMAIL PROTECTED] wrote:
  
   Decent benifits and Walmart don't go together...
  
   Adam H
  
   On 7/3/05, Aaron Rouse [EMAIL PROTECTED] wrote:
There are some jobs with Walmart that pay more than $10/hr and offer
   some
decent benifits and take very little brain thought.
  
  
 
 
 
 

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Re: Contracts for work

2005-07-05 Thread Jennifer Larkin
It is important what state (or country) you are in because in some
states there are rights that you are legally unable to sign away in a
contract. This may include the ability to collect money owed for work
done under contract. However, if they do screw you out of money, good
luck trying to collect.

I currently have a legal judgement against a former employer who
refused to pay me because their client refused to pay them. In
California, this is not legal and they have been smacked with some
heavy fines. However, no collections agency will work for people. We
offerred them half of what they collect, and we are each owed over
$15,000. (There are 5 of us.) Since the company also refused to pay
the legal judgement, we had to sign our judgement rights over to the
state tax board.

In the meantime, the client (the City of SF) sued my former employer
for bribery and false invoicing, which is why they had refused to pay
the invoices on my work while agreeing that I had completed those
hours to their satisfaction. They lost standing in the case so now
they are suing every entity that this former employer owes money to.
SInce I have a legal judgement against them, that means that I'm being
sued, but since I have no rights to the money and other parties to the
case are fortune 500 companies, no lawyer will take my case.

Keep in mind, that this legal situation has been going on for over two
years and I was an employee of this company, giving me more rights
than you might have as a contractor. I would avoid this company like
the plague. Even if they were willing to take out the offensive
clauses, if they fail to pay you and you have a legal course of action
to recover, you may not be able to find a lawyer to take your case.

One thing that really stuck out to me about the terms of the contract
is the clause about their client not paying them. There are companies
that do projects on a trial basis. They will build a prototype
website and if the client likes it, they may purchase it. However, the
work is done without ever having a contract with the client that says
that the client will pay them anything. In addition to the concerns
already brought up, I would be concerned that the company is intending
to do this kind of work. If they believe that the contract clause with
you states that they don't pay you if they don't get paid, they can
make you do all sorts of work that they don't expect you to get paid
for.

I have never had direct dealings with a company like that that
employed contractors, but I have had several potential clients expect
me to work that way because they had worked that way with some company
before. I did work for a company once that did free test designs. We
would design something and send it to the client and if they liked it,
they would pay us to implement it. However, that company did turn out
to be scary and bad and I was glad to get out.

It sounds like they either plan to screw you over or they are testing
the waters to see what they can get away with. Either way, they
clearly would not value you as a contractor. Unless you can except
working for no pay and getting into a potential legal quagmire, I
would run away screaming. Of course, there are times when even that is
better than doing nothing. If you are desperate enough, the chance
that you'll get paid is a reasonable bet for a short period of time.
If you did decide to take the job out of sheer desperation, you should
bail the first time they fail to pay you.

On 7/3/05, Jeffry Houser [EMAIL PROTECTED] wrote:
   I'd walk if you were unable to negotiate that out.  I know that hard to
 do, though.
 
 Alternatives to the situation are:
 
   1) Ask for a non-refundable advance (I mentioned that below).  From your
 perspective the bigger the better.  Giving monthly billing, I might ask for
 two weeks up-front.  Advance is creditable to the last invoice of the
 project.
 
   2) Ask if their client is willing to co-sign the contract.  What you're
 really looking for is someone to sue in case you don't get paid.  Talk to a
 lawyer in this case to make sure you are covered.
 
   Of course, spelling errors in the contract might be a major red flag, but
 it depends on the type of errors.  I found that sometimes Lawyer speak
 confuses both spell checker and grammar checker.
 
 At 01:42 PM 7/3/2005, you wrote:
 Yes, all that's in there too..
 
 Not to mention there are tons of spelling errors.. not that I'm so good at
 spelling also but you'd think they would at least run a spell checker on a
 contract.
 
 Mark Holm
 
 
  I'm jumping in late, but...
  
  At 10:26 AM 7/2/2005, you wrote:
  
 This is extremely common in subcontracting situations.  I've lost jobs
  because I've refused to sign such contracts.  Other things I've seen, which
  are less offensive are:
  
  We can terminate at any time.  Once we notify you of termination, we are
  not responsible for paying you anything for work done after that
  notification
  
  Any work not done up to 

RE: Does this seem really low?

2005-07-05 Thread Connie DeCinko
Or a student who happened to start learning at a very early age and just
needs something to pad their resume.




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Re: Contracts for work

2005-07-05 Thread Jennifer Larkin
Actually, the reason that my legal judgement was as large as it was is
that I was an employee. My case went to the state labor board but the
subcontractors were locked out of that option because they were not
employees and who knows why else. Anyway, because I was able to go
through the labor board, I did not *have* to get an attorney, while
the subcontractors did. The subcontractors are also getting sued and
they are in better shape in the second case because they hired their
lawyer collectively before the second case started. They were already
suing for wages in another venue. That has been going on for two
years. Had they not had a lawyer in the related case, I doubt they
would have been able to find a lawyer either. No lawyer wants to have
a conflict of interest with the rest of the parties to the case. Their
lawyer would have a conflict of interest anyway, so it's not in his
interest to drop them as clients.

Because I was an employee, I did not have to sue and I did not have a
lawyer. I was able to use an alternate regulatory compliance track.
Having been a contractor could technically give me a stronger legal
position, but being an employee gave me automatic government
assistance. In fact, there is still some question about what the heck
is going on, but it seems that the state tax board may have filed a
lien on my behalf in order to collect my labor board judgement.

However, in this case, it sounds like the company is looking for
excuses to not pay and regardless of the strength of your legal
position, you still have to worry about your legal position. It
doesn't matter what any contract says, they can refuse to pay you even
if it's not legal for them to do so. Being an employee doesn't matter
either-- they can still refuse to pay you. It will cost lots of time,
effort, and money to collect any money owed and it is simply not worth
it to most of the people in this case (there are, I think 17 employees
and contractors involved).

My problem with the contract isn't the terms of the contract, but the
implications of it. If they are already looking for ways to get out of
paying you for work that you have completed to their specifications,
you can't trust them. You need to decide up front what you will do in
the event of not getting paid and determine what course of action is
worthwhile. Then expect to not get paid and budget that in. Any time
they pay you it will be like a happy bonus. Maybe you'll find that
they really are trustworthy and you can slack a bit but I would
probably stay concerned the entire time I worked for them.

On 7/5/05, Louis Mezo [EMAIL PROTECTED] wrote:
 As far as I know, you're usually in a stronger legal position to collect as
 a contractor, rather than as an employee. Generally, in any State, the
 courts favor the little guy, that is, the sub-contractor, provided they
 didn't agree to something (in any legal document) that would absolve the
 prime contractor from their obligation. Depending on the State, it is true
 that even if you had signed something you shouldn't have, it may still be
 considered unenforceable under the State's contract law.
-- 
My mind is a scary place. The Tick

Now blogging
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Re: Does this seem really low?

2005-07-05 Thread S . Isaac Dealey
 True, although from what I recall they wanted the person
 to be available for
 a lot of hours per week. Almost too many for a student if
 I am remembering
 the number right.

 On 7/5/05, Connie DeCinko [EMAIL PROTECTED] wrote:

 Or a student who happened to start learning at a very
 early age and just
 needs something to pad their resume.

They demanded 20-60 hrs... so in other words we can't guarantee that
we'll have enough work for you to live on -- but we expect you to
guarantee that you'll be available (sitting around doing nothing
important or certainly nothing else paid) for well more than the
amount of time you would spend at a full-time job. These people have
apparently smoked so much crack that you might be able to get a high
just from breathing in the smell of their perspiration.

s. isaac dealey   954.522.6080
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RE: Does this seem really low?

2005-07-05 Thread Russ
Well from reading the original post, they say that they require 20 hours per
week, while you can work up to 60 if you wish.  So they don't demand 60
hours, just 20.  I have a feeling that whoever works on this kind of
arrangement either doesn't know what they're doing very well and therefore
probably deserves $10 an hour, or are pretty adept at it, and can complete
the task fairly quickly and just end up charging the company 60 hours a week
when they probably work only half that or less.  It seems a little
dishonest, but paying $10 an hour for us based flash work is ridiculous.  

Russ

-Original Message-
From: S. Isaac Dealey [mailto:[EMAIL PROTECTED] 
Sent: Tuesday, July 05, 2005 5:26 PM
To: CF-Jobs-Talk
Subject: Re: Does this seem really low?

 True, although from what I recall they wanted the person
 to be available for
 a lot of hours per week. Almost too many for a student if
 I am remembering
 the number right.

 On 7/5/05, Connie DeCinko [EMAIL PROTECTED] wrote:

 Or a student who happened to start learning at a very
 early age and just
 needs something to pad their resume.

They demanded 20-60 hrs... so in other words we can't guarantee that
we'll have enough work for you to live on -- but we expect you to
guarantee that you'll be available (sitting around doing nothing
important or certainly nothing else paid) for well more than the
amount of time you would spend at a full-time job. These people have
apparently smoked so much crack that you might be able to get a high
just from breathing in the smell of their perspiration.

s. isaac dealey   954.522.6080
new epoch : isn't it time for a change?

add features without fixtures with
the onTap open source framework

http://www.fusiontap.com
http://coldfusion.sys-con.com/author/4806Dealey.htm






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RE: Does this seem really low?

2005-07-05 Thread S . Isaac Dealey
Ahh... my mistake... still... I was approached recently by an overseas
company advertising CF work (and similar) for $15/hr ... German I
think... I don't remember for certain... but if I'm paying someone in
an overseas country with a depressed economy and significantly lower
cost of living $15, I can't see paying someone locally $10 with what
it looked like they were expecting in terms of skills. An intern
maybe, but that's a whole other ball-game, and I'd expect them to use
the word intern in their add if that's what they want...

 Well from reading the original post, they say that they
 require 20 hours per
 week, while you can work up to 60 if you wish.  So they
 don't demand 60
 hours, just 20.  I have a feeling that whoever works on
 this kind of
 arrangement either doesn't know what they're doing very
 well and therefore
 probably deserves $10 an hour, or are pretty adept at it,
 and can complete
 the task fairly quickly and just end up charging the
 company 60 hours a week
 when they probably work only half that or less.  It seems
 a little
 dishonest, but paying $10 an hour for us based flash work
 is ridiculous.


s. isaac dealey 954.522.6080
new epoch : isn't it time for a change?

add features without fixtures with
the onTap open source framework

http://www.fusiontap.com
http://coldfusion.sys-con.com/author/4806Dealey.htm


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RE: Does this seem really low?

2005-07-05 Thread Russ
I don't know... Back when I was just learning things I was thinking I would
rather get paid nothing and learn a new computer skill then do some mindless
job like working at Dunkin Donuts.  

I don't know if someone with 3 years of experience should be getting paid
$10 an hour, but like you said, it could be a good experience for an
intern... 

-Original Message-
From: Jeffry Houser [mailto:[EMAIL PROTECTED] 
Sent: Tuesday, July 05, 2005 6:12 PM
To: CF-Jobs-Talk
Subject: RE: Does this seem really low?

  3 years experience using Flash ActionScript.  They must be looking for 
an intern.

  I was doing some work of this type in College.  I was getting paid $20 
per program and I was ecstatic.  The programs were simple file parsing 
programs and I could write one in a couple hours, so I probably made about 
$10 an hour.  At the time it was better than alternatives.

  Today, I'd rather work as a cashier at the local Dunkin' Donuts for $12 
an hour.

At 06:11 PM 7/5/2005, you wrote:
Ahh... my mistake... still... I was approached recently by an overseas
company advertising CF work (and similar) for $15/hr ... German I
think... I don't remember for certain... but if I'm paying someone in
an overseas country with a depressed economy and significantly lower
cost of living $15, I can't see paying someone locally $10 with what
it looked like they were expecting in terms of skills. An intern
maybe, but that's a whole other ball-game, and I'd expect them to use
the word intern in their add if that's what they want...

  Well from reading the original post, they say that they
  require 20 hours per
  week, while you can work up to 60 if you wish.  So they
  don't demand 60
  hours, just 20.  I have a feeling that whoever works on
  this kind of
  arrangement either doesn't know what they're doing very
  well and therefore
  probably deserves $10 an hour, or are pretty adept at it,
  and can complete
  the task fairly quickly and just end up charging the
  company 60 hours a week
  when they probably work only half that or less.  It seems
  a little
  dishonest, but paying $10 an hour for us based flash work
  is ridiculous.


s. isaac dealey 954.522.6080
new epoch : isn't it time for a change?

add features without fixtures with
the onTap open source framework

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