The Worker Company Contract

Whether the economy is growing or contracting, the heart of every business are the employees that work to see its success. In these challenging times it has become even more important that we review the relationship and responsibilities between people and the organizations they work within.

There are broad groups that comprise the workforce. Employees are generally compensated the worst but in turn have the greatest job stability and benefits (*cough*). Consultants are generally paid much more per hour or project but have little to no job security. They negotiate one project or job at a time, and receive no benefits.

Consultant:
Expected Responsibilities:

  • Complete a project on a fixed budget or timeline
  • Execute on the task to the satisfaction of the business

Employee:
Expected Responsibilities:

  • Work a part or full time shift weekly
  • reliably show up for work and execute required tasks
  • give notice when leaving*

Business:
Expected Responsibility to Consultants

  • Define exactly what is needed. The expectation is that consultants will know how to best execute.
  • Pay what was negotiated for the project

Expected Responsibility to Employees

  • Define what work tasks are needed. The employee should know how to best execute those needs. Micro managers are a path to a high churn rate, and zombie employees
  • Pay the negotiated salary, including benefits like unused vacation, or unemployment benefits for layoffs

Although, I much prefer the consultant to employee model (ideally the world would be dominated by free agents), I’d like to bring to light a despicable practice companies are using. Businesses are treating people that are paid like employees, like consultants when it comes to termination. This is both deceitful and illegal.

A close friend described a roller coaster of inept management at their job. Their management has a history of losing money and making very poor decisions, while concealing this from board members and employees alike. My friend went through a promotion, followed by finding out their entire staff was terminated, followed by a highly uncertain future in just two months.

Upper management is attempting to demote employees into unsuitable positions: “forget your years of expertise and training, your new job is to push paper mountains back and forth”. Their strategy is to force people to quit so the company isn’t required to cover unemployment benefits. While this is terrible, the business is outdoing itself with the following move. They are liquidating all acrued vacation time, and not paying it out to terminated employees. The employees are also not allowed to use their vacation in the interim. How can this possibly be legal? The upper management should be tarred and feathered in my biased opinion.

*Disclosure on my hypocracy: I took a leave of absence at the end of 2008 with no notice from my then full time position. At the time I wanted to quit, burned out, working without a contract and no self direction (but an abundance of external direction). There was sparse contract work during that period so my selfish move saved the company 5 months of my salary. Thanks again to Ralph for suggesting I think it over, the part time income I make now provides me with just enough to survive, live with my life partner Michelle, and pursue my passion of building a business. The situation matches my need to create real value, I may never be wealthier.

  • http://steamcatapult.com/ Dave Pinsen

    This is an important topic, the relationships between employers and employees (and consultants). A few thoughts:

    Your demarcation between employees and consultants leaves out a particular species of consultant, the “perma-temp”. I worked in one of those jobs years ago, as a financial planner for a big accounting firm that provided financial planning support to participants in large state and corporate retirement plans.

    At that firm, there was a small number of employees and a larger number of consultants doing the exact same jobs. My written reviews were better than those of most of the full time employees, but that didn't stop one manager there from giving me crap (no pun intended) for taking what he thought was an excessive amount of time in the bathroom. I had returned to my desk, was on a call with a client, and he was instant messaging me, asking what took so long. Some things can't be rushed. What a tool. I quit that job shortly afterwords.

    The tack of offering employees much lower positions instead of laying them off is an old one.

    More generally, I think a business is better off if it finds a balance between coddling workers and treating them as if they were disposable. I consider myself a conservative and a capitalist — and I have all the respect in the world for those who create jobs for most of the rest of us — but I suspect the pendulum has swung too far in the disposable direction in much of the private sector. I think this is bad news for business owners for a couple of reasons.

    The first is that, just as an overly coddled employee is a drag on performance, so is an employee who has been treated in such a way that he has no long-term loyalty to the firm. His interests aren't well-aligned with those of the firm, and he will be less likely to go the extra mile in doing great work. In fact, that's true of employees at both ends of the spectrum.

    The second reason the “disposable” management style is bad for business owners is that the more insecure workers feel about their livelihoods, the more likely they will be to vote for politicians who promise to raise taxes on the business owners to expand the welfare state. This is a point I think some of my friends on the right fail to grasp.

  • http://www.victusspiritus.com/ Mark Essel

    The permanent temp is paid a similar salary but works for an external temp agency? Otherwise they're really a consultant getting under paid.

    I hadn't considered the longer term political ramifications of worker dissatisfaction. So is our society doomed to gravitate towards a massive social state, unable to pay for it's own care? That type of place spirals down until all the young folks leave. Sounds like some parts of Europe?

  • http://steamcatapult.com/ Dave Pinsen

    Our society can't afford a big expansion of the welfare state, so that's probably not going to happen. But we could end up with populist policies that constrain our economy and do more harm than good.