Ask MetaFilter questions tagged with contract

Temp expectations - management-types, can you give me some insight?

Ouisch — Wed, 08 May 2013 11:29:32 -0800

I'm looking for insight about what is reasonable or "normal" expectations for a temp worker in an office situation. Here is the situation: temp worker at an agency is called in to do a very basic, no-skill, "paper stapling" kind of position. The assignment has now lasted 7 months and extended until the end of June. After about the first month, the expectations changed from "paper stapling" to slightly more involved but basic work, and finally to "hey, you're pretty smart, help us do complicated math with very little training and an extremely impatient supervisor who dislikes being asked questions."

There was a small rise in hourly pay along with this change, but also increasing expectations to work 10+ hours a day, and sometimes come in on Saturdays. Occasionally, the managers ask the team to come in for extra hours on weekends, and the temp shows up at the office only to find they are the only person who is there, including managers.

Temp is increasingly asked for help with questions from permanent employees about how to do X job, when permanent employees presumably received training for X job and temp never did. Temp is becoming understandably frustrated.

There was the implication of a possible permanent offer coming at the end of June, but temp has reached breaking point due to the hours asked combined with a very long commute. There has not been any solid promise of a future offer of employment, just one vague mention by a manager without direct hiring power.

Temp wants to know if this situation seems business-as-usual to people who see things from the management perspective, or what might be going on to create this situation. Trying to decide whether to remain patient or start looking for a way out.

Thanks for your help.

Do employment contracts mean anything in China?

deadweightloss — Thu, 25 Apr 2013 17:03:56 -0800

The company behind my Chinese summer teaching job unilaterally terminated my contract after several months of using my name and record to advertise their program to students. I need help understanding the situation. Last November, I accepted a 2013 summer teaching position in Beijing with a Chinese summer school private program (one of the programs this article is about). I signed a contract when doing so, and planned my summer around the trip (I live in the US). including turning down summer teaching opportunities at my home school. Upon my acceptance, the program began using my name, CV, photo, and syllabi on their website to recruit students. Two days ago, the program contacted me to say that my classes have been cancelled. Not all classes were cancelled, and the program is not shutting down. My take is that given 1- the contract, which we both signed and does not have any explicit clause allowing for termination, and 2- the fact that they have been using me to recruit students for months now entitles me to compensation. I have emailed them politely expressing this view, and they have responded with a mild concession (offering to give me a "contract" for next summer) and their take on the validity of the contract, which I quote in full below:

As for the question regarding contract, according to it:
5. Governing law, jurisdiction, and venue All matters relating to the interpretation, construction and enforcement of this Agreement shall be governed by the laws and regulations(excluding choice of law principles) of the People’s Republic of China. Any dispute, controversy or claim arising out of or relating to this Agreement that is not subject to arbitration may be brought only in the courts of the People’s Republic of China, and Parties consent to the personal jurisdiction of such courts over them and waive any objection to venue.
According to the law of China, the contract is provisional, service based contract. Either party can terminate it with three days in advance. The contract is not employment based.

The last three sentences are the opinions of the person emailing me, not language from the contract. Again, there is no clause in the contract explicitly giving the program the ability to unilaterally terminate the contract, and in general, the contract's language is unexceptional. However, it does refer more than once to it being a "provisional contract".

My questions:

1- what legal meaning does "provisional contract" have in general, and bonus if you happen to know what meaning it has in China.

2- I know I need to talk to a lawyer to go any further with this; any idea how to get an English-speaking lawyer, preferably in Beijing or Shanghai (I will be in both cities on unrelated business in June).

3- On a scale from 0 to 10, with 10 being a massive waste of time, and 0 being well worth pursuing, what is your subjective impression of my situation?

I can't post the full contract without giving away my identity. I realize this constrains the usefulness of answers. Thank you.

Spouse working away from family. How does this work?

lasamana — Wed, 27 Mar 2013 12:10:59 -0800

As you can see from my past posting my husband lost his job last month. In the meantime the jobs he's qualified for are probably not in our area (CT). Chances are after talking to recruiters in his specialty, he will have to take a job in another part of the country - probably south/southwest. We are not in the position to move, partly because our kids (all in high school/one in college) and while we have equity in our house, it would still take a while to sell due to its remote location. I think we can do this with the thought it would not be forever. Most likely just for 3 years or so. I assume he would come back on weekends every week or every other week. Our question is how do you broach this with a potential employer? Do you say right up front he's willing to travel but not relocate or should he wait until he gets a concrete offer? Does he try to negotiate the travel bit in his package or just see what's offered? And if you or your family has done this, what was the thing that really made it great (or awful)? How bad were travel expenses?

How to graciously break a work contract in twenty million easy steps

Bluestocking_Puppet — Thu, 14 Mar 2013 20:26:40 -0800

My boss wants to renew my work contract for a year. I really like my boss, and my workplace. But. I've been admitted into a prestigious graduate program for the fall, and I know I want to go. Please help me navigate workplace etiquette. I started working at this place last year, on a contract. My contract is up, and they want to renew for a year rather than take me on full-time. This is easily the best job I've ever had. Coworkers are all kind, hardworking people. The job uses my skills in a way I actually enjoy, gives me a lot of responsibility and room for creativity, and fair pay.

But. It's a job I sort of fell into out of necessity, and it's not what I want to do with my life. I want to be a professor.

So I have the chance to realize my dream...have been admitted to my top choice school. I can't turn this down. But I also:
a) Want to continue to work in my job until I leave and
b) Don't want to burn bridges here, for the abovementioned reasons.

Many people have suggested signing the contract and simply giving notice two weeks or a month before I leave. I respect my boss and my workplace a great deal, however, and don't want to let them down. I worry that signing a contract for a specified period of time knowing full well I won't fulfill even half of it is ethically wrong. Especially considering how understanding they've been of me and my need to take time off to pursue the interests that ended up getting me into grad school.

My boss wants to get this squared away by the end of the week. What should I do? Is it OK for me to sign this contract and give notice in a few months?

Ethicists of MeFi, please help! And thank you for your always wonderful advice.

Contract Employee, Without the Contract

victory_laser — Thu, 07 Mar 2013 01:32:31 -0800

I'm a newbie web developer and I've been working my first real coding job for about a month. Help me make sure I am covering my ass and getting compensated fairly. tldr; Should I be paid for every hour worked, even though I'm learning and require more hours to get the job done than a normal dev? And, how weird it is that I never actually signed agreement about my rate and the work required? Looking for perspective on norms in the biz.

Position: jr. backend dev
location: a web dev firm
How long: about a month.

Experience: Some coding in college (graduated in the past year), but it was not the focus of my degree. Though I have demonstrated aptitude, my web dev knowledge is really basic. I've never really built anything.

I got the job through a friend that works there. I was looking for work for months before this gig, so I was really happy to get it. With the combination of my desperation for work with my lack of experience, and I'm wondering if I've sold myself short a little.

Rate: My hourly rate is in the $30-$40 range. I think that's fair.

The Project: So far I've been doing maintenance work for an existing project/client that requires a fair amount of regular upkeep, about 6-10 hours per week for the Sr. Dev I took over from. I'm new and I'm learning a lot, so I take longer than he would. No matter how long I actually take to do the work, we've still been billing the client about the amount of time it would take the Sr. Dev to do it (and maybe a little more). This is so we stay within what was quoted to the client. Then, I get paid for the exact number of hours we billed them for, not the number of hours I actually worked.

My Question: Should the firm be paying me my rate for every hour I've worked? Even if my competency is lower than what a normal dev's would be? Even if my friend is basically helping me out and finally giving me an opportunity to start my career?

My interpretation of the situation is: There's kind of an understanding that I'm inexperienced, they're going to give me projects that help me grow essentially groom me into a dev, but that I'm going to have to write off a lot of my learning hours as unbillable. My reasoning is that it's not ideal, but it's better than an unpaid internship / open-source project / startup, which I think a lot of people with my experience start out in.

Contract I never signed a contract with my rate and everything on it. (I know, I know). I thought this was weird. After the initial interview, I negotiated the rate. Then a couple days later when started work, I said to my lead, "Shouldn't I have to sign anything?" He went and talked to the PM for a moment and then came back and was like, "No, you're good." I didn't want to look like a fool/ass, so I let it go.

---Conclusion---I'm about to be start on a new project, and I think I'll soon have an opportunity to renegotiate the pay/hours worked issue, and the contract issue, without implying "I don't trust you people at all." It's going to be my first build from the ground-up, and it's going to take a ton of "extra" hours for me to wrap my head around everything. I need to know what's reasonable of me to ask. If I sign a contract, what needs to be on there?

Providing care for a disabled woman without getting sued please!

human ecologist — Thu, 28 Feb 2013 23:32:24 -0800

I have the opportunity to work a 4-month part-time (approx. 26h/week) contract providing in-home support for a woman who is in the early stages of Parkinson's disease, starting next Friday. I have provided intimate care like this for a family member before, but have no professional experience otherwise in this field. What should I keep in mind in terms of covering my ass with respect to liability in the contract? The prospective client received her diagnosis back in November and has experienced a steady deterioration since. She and her husband are seeking to eventually employ a full-time live-in care-aid as her care level increases. For now, all she needs is someone who can come to her home for a few hours a day to cook meals, assist her movement (in and out of bed/chairs, up/down the stairs), ensure she's comfortable and provide companionship.

My main concern is any possible liability I might face in the event that she experiences a health crisis while in my care (e.g. a sudden injury due to her tremors or a fall). I'm aware that in long-term residence facilities for people in her health condition there are specific policies for dealing with a client who has had a fall. Care-aids are specifically instructed NOT to try move or pick up a client who has fallen, for fear of liability over inadvertently aggravating the injury until a nurse can come and make a formal assessment.

I see in the contract (which I have not yet signed) that the employers reserve the right to file an alternate suit against the contractor (me) if gross negligence is alleged -- that seems pretty standard. However I would like to request, as an amendment to the contract in writing, an explicit procedure for any health emergencies that may arise (who to contact in what order, permission to move her to a safe location if necessary in the event of a fall). Would this be a reasonable and professional request? I don't want to find myself debating what constitutes 'negligence' in the event she has a health emergency, to which I would respond in accordance with my Occupational First Aid training. Is there anyone who has done work like this who can see anything I might be overlooking?

To rescind or not to rescind...

Anonymous — Sun, 17 Feb 2013 19:28:39 -0800

I’ve agreed to a job offer that I would now like to turn down. How do I best handle this situation? YANML but I'd like to hear your advice and what you'd do in my situation.

I live in Japan. I have worked for Company A for four years. For various reasons, I decided last fall that it was time to part ways and search for work elsewhere. After several interviews and offers, I accepted an offer at the end of 2012 (Christmas Day, actually) at Company B. The offer was for a permanent position starting from April, 2013. (Contract at Company A is set to expire at the end of March.) The salary was lower than what Company A paid and the cost of living would be higher, but I thought it was a good step in the right direction, career-wise. However, there were several large changes in Campany A’s organization after I accepted the offer from Company B—changes that have created career growth opportunities for me that were not there last year. But I decided to stick by my decision to leave. Excited about the offer from Company B I have spent the past month and a half preparing for the move and exchange emails in preparation for starting. Everything had been going according to plan, and life was good.

Until last week, when the President of Company A himself called me into his office for a chat. (A first for a low-ranking cog like me.) He got word that I was planning on leaving in April and would have nothing of it. Seeing opportunity, I asked about the possibility of a raise and a transfer in positions to work more in line with my career goals. To my surprise, he said yes, if I’ll stay on for another few years to help the company through its recent organizational changes.

After a lot of thought, I’ve decided I’d like to stay at Company A. I’m comfortable here, I'll make significantly more money, and I have a lot of hope for the new position it appears I’ll get. I feel absolutely awful about stiffing Company B, though, almost to the point where I feel I should just go ahead and move to Company B anyway. Well, not really, but almost. I mean, Company B has been extremely helpful and welcoming, and from what I know about their situation, for me to bail at this point will put serious screws on them (they are a smaller company), at least in the short term.

Anyway, my questions to everyone are: How would you handle this situation? What’s the best way to inform Company B of my decision to withdraw from the offer? (Other than tell them ASAP, obviously.) I imagine short and to the point is best, but I feel like I owe them an explanation with more substance than "sorry, I changed my mind."

In case it’s relevant, I never signed any employment contract after being offered the job at Company B, although I did confirm my intentions without provisions in an email. I know nothing of Japanese labor law, and I don't know whether or not the email agreement alone makes me legally liable for any loses on Company B's part.

Thanks in advance for your time and your advice.

Contract programming position questions.

Anonymous — Tue, 12 Feb 2013 09:06:36 -0800

I interviewed for a remote programming gig recently, and they requested a trial contract before making a final offer. I'd be hired as a long-term remote contractor (year+, 100% telecommuting), not an employee. I have some questions: 1. What multiplier should I apply to my current salary, at a job with great benefits, to calculate the break even point? The contractor position would not include any benefits, and I'm in good ol' USA, so I will need to purchase healthcare. My thought is current salary +30% to +40% would be a break even point considering the length and stability of the contract. If it were less than a year minimum, I would need to use a higher multiple. Is that about right?

2. The short term trial is at the same hourly wage as the long-term position, which is less than I charge for shorter projects. This short trial is hugely in their benefit, as it should greatly reduce the odds of my being a poor fit for the company. I get a somewhat similar benefit, but I think my risks are much lower. If we decide we're not right for each other, they've dodged a bullet for a pittance while I've lost a week of time for pretty poor compensation. It's not a huge imbalance, but it's there.

I am not concerned at all about the money, but I do not want to be a passive participant who sends signals that I can be taken advantage of. I'm more worried about positioning myself than anything else. I don't have sufficient experience to read the smoke signals and tell how "So, my usual hourly rate is $65 per hour. Could you bump up the short-term rate to match?" might go over. I am very interested in the position and do not want to poison the well.

Also, is this sort of short-term contract request unusual? It seems reasonable to me, but I have no experience with it.

3. What warning signs should I be looking for in the company? What danger signals should scream out, "Get away from these guys!"?

Some music for making money to.

hanoixan — Sat, 19 Jan 2013 12:21:23 -0800

I'm looking for perspectives on what music composers generally charge for work on video games and films. I've been composing for several years. I've done some short film scores (gratis for film students), and I just wrote all the music for my last company's most recent game. I didn't charge them because I enjoyed it, it was a good way to generate demo material, and I was already getting payed well as a software developer.

But now I'd like to actually do work for hire, and I'm not really sure what the going rates are for music composers in games and film. I understand there are a million composers out there already, but as it is something I love doing, that's not important to me.

Some factors I'd like to know more about:

What do unknown composers on the scene usually charge versus established composers?
Is it usually charged per minute of finished work, or is the time involved in client-initiated rewrites also part of the final bill?
I understand that most composers provide package deals where they subcontract out to copyists, conductors, and musicians, but where in the process does that get hashed out vs. just using good samples?
Do rates differ much by genre (for example, electronic versus realistic orchestral mockups)? Believe me, I'm not making a judgement call based on the talent required to do either, but I'm wondering if that's a perception of game producers and film directors.

employment contract lawyer needed for quick consult

canine epigram — Thu, 20 Dec 2012 14:44:29 -0800

I'm looking for a quick consult with a Boston lawyer with primary in employment contract law - ideally by end of day tomorrow. I just need to run a Do Not Compete contract by them to determine legality and scope. Please help me, hivemind! I'm being asked to sign a Do Not Compete contract that I think is too loosely written, and I want to know what I'm in for if I do sign.

Independent contracting vs staffing agencies

lockstitch — Mon, 26 Nov 2012 21:47:31 -0800

I'm thinking of moving from a contract with a staffing agency to an independent contract. What are the benefits or drawbacks I might have to deal with? I know taxes are different and I'm planning to invest in some software to help with quarterly taxes. I'll be in the same position at the same company, but I'll be representing myself and a staffing company won't get a cut. I work at a very large company which hires out many contractors through various staffing agencies. They also give the option for contractors to represent themselves, but it's not something I've looked into before now.

I recently found out that the staffing agency who my contract is through takes a higher cut of my paycheck than others; this means I make several dollars less per hour than people who have just been hired with less experience. Frustrating!

My options, as I see them, are to switch to a different staffing agency for the remainder of my contract (several months), or go to an independent contract and deal with my own taxes.

Since insurance isn't an issue, I'm really wondering what the benefit is either way. As far as I can tell, the staffing agency is really not benefitting me at all. What's good or bad about independent contracting? What would be the point of staying with an agency?

Sending follow up letter to the job I had to back out of - help or hurt?

Anonymous — Thu, 15 Nov 2012 14:17:16 -0800

Backed out of a job under duress. Thinking of sending a follow up letter to perhaps explain the circumstances and perhaps soften their perception of me. Good or bad idea? I applied for a job in March/April of this year. It was for a teaching position in my dream city and would start with the new school year (late Aug.) I have been teaching for 13 years in the same place, which is also my hometown. I don't like where I live, but became more rooted as I bought property, put in more years at my job, and was dealing with aging parents. However, I had not planned to move unless I got the job, and mainly wanted to see if anything would come of it.

Since it was a teaching position advertised in March, I always believed that if I got the job, I would know in advance to prepare to move, ideally, a good portion of the summer. While I waited in anticipation I did a few things to prepare such as decluttering my house, and working to sell one of my homes (I had planned to do this anyway). I did not hear from the school until June for an interview, which was also the same time my dad died. In fact, I almost declined the interview as I was not sure what I could handle, however, I ultimately went, and it seemed to go well. However, it was not clear that I was a top candidate or that I was even being seriously considered for the job. I did use my summer to do as much decluttering and getting rid of things as I could. As time passed, I felt less and less like anything would happen, and if it did, I was getting dangerously close to the start of the year, and likewise, it was going to become less and less ideal to make a move. Eventually, I heard from them, at the near end of July to say that I was not going to be picked. I was sad, and spent time lamenting, etc., but knew that a move at that point would have been hard. Two weeks later, however, they called and offered it to me. I was greatly torn. I had been wanting this for so long, but at this point, I only had a small window of time to move. We were able to negotiate a small bit of extra time, but the total time from offer to start date, was 20 days, and since the move was 800 miles away, at least 2 of those days would include driving there.

In the following 2 weeks, I worked like crazy to pack up my house, find a tenant, and find a place to live in the new place. I had a small moving budget and could not afford to hire full service movers, though I did manage to get some cheap help and began making a dent in what needed to be done. However, even with the best of intentions, I was not getting anywhere fast, and was spinning my wheels trying. I did investigate a lot of options, such as renting my place furnished temporarily, renting a room in new location temporarily, etc. and had done lots of prior research on moving companies places to live, etc., but in the short time line of 2.5 ish weeks, things were not coming together very well. I was very nervous throughout this time and there were several days I could not get out of bed. I stopped eating/sleeping and was operating in sheer panic. At this point, to leave on time, meant leaving without a lot done, and trying to work things out from a distance.

At the end of the two weeks, I contacted the school with my concerns. What were my options? Ideally, since I had just agreed to take the position, I thought they might allow me more time, or, worst case, allow me to rescind my agreement, no harm done. The teachers union contacted HR on my behalf who was very upset and said that if I backed out, they would blackball me. They would allow one additional week, but that was it. This added more fear to my already highly nervous state of mind. Blackballing meant they would tell other schools about me and I would not be able to be hired anywhere else in the future. After this, I became very ill and almost despondent. I saw my doc who offered anxiety pills, but also suggested waiting to start the new job, bcs I was in such a poor state mentally. I was not sure a week would really help at that point and began to fear that if I went out there and had any further difficulty, that they would fire me and I would be in a strange city jobless. I did not want to tell my new job about the anxiety issues. Instead, I spoke to my prospective supervisor the weekend before I was due to start. I reiterated the problems I was having without specifically saying anything about the panic. She seemed frustrated, and said that she could not keep holding the job for me and needed my decision by the following day.

So, I wrote a letter to her/HR asking to be released from the position. I could not, in that moment, fathom getting there in time to start, and more importantly prepared to start (mentally). I did not hear anything back from them, and saw the position reposted the same night. After my initial feeling of relief after the situation was behind me, I started to feel great regret, and it has plagued me for weeks. I have had a few people in my life suggest that I write a follow-up letter. A letter to explain what happened in greater detail and offer additional apologies. The hope is that the letter would soften their perspective of the events that lead up to me backing out, and perhaps lessen the chance of blackballing. However, from a legal perspective, although IANAL, it seems that less is more and that the letter may only re-stir the pot. I am not sure what to do?

Clarification point: I was able to keep the job I already had because my resignation was not effective yet.

Tell me about contract employment, please.

foxinthesnow — Wed, 07 Nov 2012 23:55:03 -0800

I applied for a contract position for a local city government. I don't know what a contract position entails, and I have a few questions for anyone with experience as a contract worker (or hiring contract workers) for city jobs. The rate of pay on the posting says $40,000 and no benefits. It is my dream job, but the pay is a but lower than what I have made in the past. And, with this "no benefits" business, it makes the pay seem even lower. My gut tells me that there is no room for negotiation because it is a public job, and even more so because it is a contract job. If you have experience with this, can you let me know how weird I would be to try and negotiate a higher salary or benefits?

Also, do contract workers typically work a 40-hour week? Or is it more like, "These are your assignments. Get them done by this deadline." with no regard to how much time it takes? In other words, could I potentially work less or work more than a 40 hour week and still get paid the same amount? If no, do contract workers get paid overtime?

What are the pros of being a contract employee over a regular employee, other than if you leave the job you can tell future interviewers that your reason for leaving was because it was a contracted position?

What should I charge as an online marketing freelancer?

phoenix_fire — Wed, 31 Oct 2012 05:30:30 -0800

What should I charge as an online marketing freelancer? (Details inside) At my last job at a marketing firm, we billed out at $100/hour, I was paid $15/hour and 20% commission on any sales I made.

I am currently working part-time at $20/hour with another company. (I have done work with them before and will be asking for a raise soon, since my expertise is much higher than it was when I started).

Based on this, I am looking for an official contracting rate for any additional work I'll take on. I am not an agency, so I will not have an office to pay for or a website to maintain. I also want a rate that's affordable for marketing agencies to be able to outsource to me.

I offer pay per click ad management, search engine optimization, and general google analytics consulting. I am among the best in the our mid-sized city for pay per click ad management, but by no means the best on the web (or within an hour's drive), and probably mid to top pack for the other services, compared to the rest of the city.

At this point I'm leaning towards $50/hour. I've also been told a contractor should charge 3x what they would make as an employee; what's a reasonable rate for myself and clients?

Went overboard on a personal training commitment, help me be firm in renegotiating!

yellowbinder — Fri, 26 Oct 2012 06:23:13 -0800

Help me be firm in renegotiating my personal training contract at the gym! So a little while ago I decided to get my life in gear fitness-wise after being large and lazy all my life. I lost almost 40 pounds in a few months, and then decided to join a big box gym, something I'd long thought about but never got off my ass to do. So far I am absolutely loving it!

I bought a set of personal training sessions to get me started, and yesterday my third of six sessions ended up being not so much training as a sales pitch for lots more training. Trainer outlined a year's plan that sounds absolutely awesome, and is an affordable although giant cost. It has well over 100 sessions over the next year, and I'm sad to say I signed up and paid a fairly large down payment.

Now as I said this plan sounds awesome, I would love to commit to it, and I do see myself seeing this trainer in a year's time. But I am worried that I totally overextended myself, and that I might not need so many sessions once I'm up and running. To start I am definitely ok with it, I have no idea what I'm doing in the gym and want someone to give me a firm introduction so I don't get off course or get confused and give up.

I do have an out, I have a consumer right to cancel the contract and get a refund on my down payment within 10 days.

What I would like to do is commit to four months, at the frequency of training suggested. This works perfectly for me, gives me a good start, and lines up with the end of my current work contract (My work is great and well paid but unpredictable, I could be right back shortly after it ends, or it might be a few months, or I might have to find another job come Feb/March). So the timing lines up great, it will be a good time to re-evaluate what I can afford and how often I feel I need training.

I have another of my pre-paid sessions tomorrow and another Tuesday. How do I broach this? What are they going to do/say to try and keep me to the contract I signed but can legally get out of? How can I firmly explain what I want and not take anything else? I have all the power right? I mean, if I cancel the contract I have they're not going to refuse to sell me another, shorter one, right? I have very little negotiation experience and sometimes issues with standing up for myself in high pressure situations.

How can I leave now and not later?

The1andonly — Sun, 21 Oct 2012 10:21:03 -0800

I have a very promising general management internship opportunity lined up in the summer. I am currently employed in a secure full-time position however I would like to leave my current job and take a short-term contract position in order to boost my salary and leave a toxic environment ? Would this make sense? If so, how do I go about it? I am currently a full-time employee as a business analyst/project manager in a big financial services firm. I recently came about an opportunity to start a general management/leadership program in a company I am very interested in working in, but it doesn't start till June. The internship will pay double my current salary and will allow me to do a career change from IT to a front office role. My current job is in an extremely toxic environment with very low office morale. Instead of waiting 8 more months to get out of here I was wondering if it makes sense to find a short-term contract position until May of next year. I live in NYC and wonder about the following:

1) What is the best way to find a contract opportunity?
2) What should be my "excuse" for leaving a full-time secure job and taking a contract job in this environment? (the one recruiter that I talked to found it odd).

The way I see it, a short-term contract opportunity will give me the opportunity to learn new skills, earn more money on the short term and leave a horrible office environment...however I would like to strategize a bit in order to maximize my chances of making this happen! Looking forward to hearing some of your thoughts.

Difficult Client - Can/Should I Fire?

Anonymous — Wed, 17 Oct 2012 06:58:37 -0800

I started a design project with a new client and the whole process has turned out to be very difficult due to communication problems. What can I do to resolve this situation? I'm a one-man design studio and initiated a pretty small, straightforward project with a new client a few months ago. During the project, my two main problems have been:

1. It is difficult for the client to articulate feedback. I think I cleverly elicit feedback in a phone conversation and then I send a follow-up email saying, "OK, great, here are the changes based on our conversation! I'll do A, B and C based on these notes." I don't receive a response or correction from the client, so I proceed based on my notes. And then I send the revised and the client's response (often weeks later) is, "Oh, I thought I said we'd do X, Y and Z." (which was never discussed).

2. The client doesn't communicate in a timely manner. I set an original timeline in the contract at the outset that would allow for a speedy delivery of the project, but I'll often not hear from the client for weeks after sending revised materials. I'll send multiple emails and call and the response (if I get one) usually is, "I'll get that to you tonight!" But then, I don't hear from them again for another week. So far, the project has taken almost 4x as long as it normally does. Based on our progress, I'm concerned that the project will never end and I won't get paid, or I'll get paid very late. And I can't imagine going through this client-chase thing for another several months.

I've been putting in a ton of hours on other projects lately and I'm finding it difficult to carve out time in my schedule for running after the client and these multiple emails and calls have really ballooned the time I thought I'd be devoting to this, outside the scope of the project. I've tactfully voiced concerns about the timeline and the communication pattern to the client, very professionally, and that seems to improve response time a bit, but then it tapers off again to non-existence.

In my ideal world, I would like to send an email that states that our contract is terminated — and I would not charge for time worked — but I'm concerned 1) whether this is the "right" thing to do, as a professional designer and 2) that the client will sue me. This particular contract we signed doesn't include a kill clause, which I normally do now. And anyway, can the designer be the one to kill the project? Technically, I signed something that said I'd get a job done for someone and I'm concerned about not delivering on that.

I know there have been one million difficult clients, so this is nothing new, but this is definitely new for me, to this extent. How should I proceed?

Contract Attorney Jobs

3mendo — Mon, 01 Oct 2012 13:28:56 -0800

What are the best websites for contract lawyers to find work? (asking for a friend) I'm a 5th-year attorney currently living in Europe for family reasons, keeping my practice alive and supporting myself through meaningful contract work from attorneys and firms in the States (all 50). Besides Monster and Career Builder, which advertise mostly document reviews, I'm wondering if there are better sites for more meaningful projects. Thanks in advance!

Creating a CAD income from home (initially)

Brockles — Sat, 29 Sep 2012 09:09:26 -0800

I need to get my head around the best path to retraining myself on (nominally Solidworks) with view to (in the longer term) doing CAD piece work from home - However there are several issues relating to software types and costs that I am not sure how to approach. This is possibly a bit of a broad question, but part of what I need is a direction so here we go anyway. Possibly long, so my apologies.

Background: Many years ago I used Solidworks at a previous employer. I got pretty efficient pretty damn fast and ended up using it regularly for about 2 years. I enjoyed it, consider myself to have an aptitude for it, but am not in a position to have an employer get me properly trained on it, nor is it likely any time soon. I was designing and producing models and drawings for machined components and assemblies (for an engine and the build fixtures and tooling) pretty well by the end of it, although castings was a bit beyond me in the limited time I had to do it as it wasn't at all my main job. I have a Mech Eng (vehicle) degree and significant experience in parts production and design.

Current situation: In order to continue specialising in my normal job (Race Car Engineering) in the current job climate I am having to resort to 'fly-in' style employment of several short periods of around a week at a time through the year rather than full time. As such, I will have lots of chunks of time that I either want to learn or earn within. The idea of doing some CAD piece-work has come up and seems to be to some extent realistic from my initial looking. At the very least, even if it isn't profitable, I am wondering if it would give me enough experience after a while to pursue a more serious job in CAD when I tire of running after race car teams and actually want to be at home for weekends. So my initial thoughts/directions/issues are as follows:

1: Solidworks is hella expensive. It is too much of a commitment right now to spend $4K on a license for me to noodle around for an indeterminate period until I am proficient again. So there is the chicken/egg problem there which I think I can approach in two ways:
1a: Download a cracked copy of an earlier version of the software for personal training. It is clear (and deeply inadvisable I am fully aware) that this is untenable for any paid work in the fullness of time, but if I was good enough at it again, I'd be fine with taking the risk to get a fuller copy at that stage. It just seems a risk too far to buy it, and then find out I am too slow or lacking ability to make money with it. This is doable from my research, but I'd like to avoid it unless it is the only way. I have the time to learn this stuff, but not the money at present.

1b: Use a cheaper legitimate version of an alternative software for long enough that I can get back up to speed on it and then make a more painless switch to Solidworks to decrease my 'paying license versus earning money' interim period - What are my options? Is there anything more cost effective for learning on that would transfer to Solidworks or would work with Solidworks files (open and produce them)?

2: How realistic is it for me to self train and try and get piece work? Is the market flooded with out of work Solidworks qualified and experienced people that I'd be wasting my time? My first idea was to offer a reduced rate and try to hit the back catalogue requirements of companies that would need older catalogues of parts updated to the new system but don't see the financial rewards when paying a proper Solidworks seat to do it. Or very small volume manufacturers. This is something that will likely supplement my main income (and my wife is ok with supporting me during this) so I can be Captain Budget CAD if it gets me in the door.
Disclaimer - I am going to actively avoid contract work as these are likely the staple of people who will be much better than me, but there seems to be a decent freelance style small workload market starting out there that I can maybe pick up paying gigs until I have enough experience to progress. I am considering this a relatively long term aim - 2-3 years away from being able to support myself fully on this, potentially. Filling in some income in around a year or so, given how much time I will have and need to get proficient enough to present myself to a company as capable.

3: How realistic is it for me, at 40, to try and retrain myself, pick up some practical experience and then try and break into CAD professionally? Do people only accept official Solidworks course completion now? Am I thousands of dollars away from being able to get anything other than some guy making something in his basement?

4: Am I looking at the right software package as my ultimate aim? Is ProE better/more prevalent/more sellable? Mechanical Engineering, possibly with a slant to more automotive/aero/engine/transmission style companies is the kind of slot I'd be good with filling.

So. Direction please. Initially I am looking for a software direction, but longer term ideas/viability/direction would be great if anyone has any insights.

How can I break my Sprint contract?

k8t — Tue, 18 Sep 2012 10:16:36 -0800

Help getting out of a cell contract because I have no service. I've been a Sprint customer for 13 years. But I recently moved to Seattle and Sprint service sucks here. In my house/neighborhood I get 3 bars. On my commute I have service about 2/3rds of the ride. And most importantly, I get NO service on campus.

I've talked to Sprint technical support. The coverage maps show good coverage in these areas, although anecdotally I've not heard good things about Sprint coverage here.

The first few technical support people flashed my phone (an Evo Shift, if it matters) and did some resets, to no avail.

They are now offering me boosters - which might help the home situation, but wouldn't help on campus. I'm in dozens of places all over campus every day. (And yes, I can get on campus WiFi, but really I want to be able to make a damn phone call without using Google Voice or Skype.)

They are "checking" the towers near campus, but I don't have high hopes.

At this point, what sort of things can I do to convince them to let me break my contract?

Can I return a new car?

3dd — Sun, 09 Sep 2012 06:57:36 -0800

We bought a new car last week. I want to return it... The day after we bought the car we realized we could get a better deal. The dealer called yesterday because the paperwork has the wrong VIN number and need us back there to resign. Can we take this opportunity to either re-negotiate or just get off the deal? We trade in another car and gave them some money, but I check this morning and the trade in has not been pay off.
I think the contract is voidable.
What do you guys think?

Does an employer own all my writing?

babbageboole — Sat, 08 Sep 2012 17:19:22 -0800

Does my U.S. employer really own my emails, posts, Facebook updates, Flickr stream, etc? I'm about to be employed by a large company in California, and the company's employment contract is similar to the one shown here. I draw your attention to section 3b, which states "I agree that I will... hereby assign to the Company, or its designee, all my right, title, and interest in and to any and all inventions, original works of authorship... which I may solely... conceive...", and there follows the California section 2870 exception.

The problems I see are that original works of authorship pretty much include everything one writes, which in the U.S. are immediately copyright the author. And the California exception deals only with inventions, and not original works of authorship.

So what this seems to mean is that everything I write, including this post, is now copyright the employer. Whaaaaat??? Note, I will not be working for a publishing company, media production company, or a company that would now or prospectively make profit through writing.

I understand that it's typical for a company not to allow any writing that would disparage the company or otherwise not pass the "red face" or "front page of the Times" test. But what about everything else?

My questions:

1. Should I assign a high probability that a court would find for me if the company ever goes insane and starts claiming ownership over my posts or short stories or whatever?

2. Should I put an asterisk in the contract next to "original works of authorship" and write that the contract does not cover works that do not relate to the company's current or prospective business?

3. Should I just shut up and sign?

Five year contract?

amiableamy — Wed, 05 Sep 2012 02:12:08 -0800

I applied for a job with a temporary agency and got a callback, which is good, but they mentioned a five-year contract with the employer. I've never heard of such a long committment, nor has anyone I know, so I'm hoping someone on Metafilter has. There's no way I can do five years, but I need a job. Does anyone know what sort of reprucussions there are if I don't fulfill it? I haven't met with them yet, but I don't know if I want to waste their time if I can't commit to five years. From what the woman said on the phone, it sounds like the contract would be with the company itself, not the temp agency.

How to Quit a teaching gig in Japan a little ovet a week before starting?

Kamelot123 — Thu, 23 Aug 2012 23:55:33 -0800

Teaching job for a dispatch company in Japan starting in two weeks. Had a panic attack and decided I want to quit, with no time for 30 days notice - how to do so with as few problems as possible? Hi,

I recently completed training for a dispatch teaching company in which I would be working at a public school in Japan. It is not a typical ALT job in that I would be teaching completely solo(the pay is still cruddy, though).

I had a bad feeling in my gut from the moment I entered training that this job was was not for me. During the final day of training before a teaching demo I had to give, I had a panic attack (first one in a while). I told the trainer that I felt ill and needed to go to the doctor, and left. I think he could tell I was anxious as all hell - I was shaking and close to fainting at the time.

I realized on the way home that teaching is just not for me, especially in the environment I will be teaching in at my school. I would be miserable doing this for at least a half a year. So I am 100% sure I will be quitting. Also, the school I would be working at is particularly demanding as well - apparently the previous two teachers were either canned for not living up to expectations. (on a side note, they lied to me during the interview regarding this fact among others - the company said the teacher left to get married) If I am already feeling this way about the job, I believe it would be better off for the school and students as well if I were to quit before I was officially introduced.

So long story short - I realized that I thoroughly dislike teaching and want to quit before I start, for my own mental health. I have no time to give 30 days notice (school introductions are late next week, with classes starting the following week). I would prefer resigning without going in to the office. How can I go about doing so with as few repercussions as possible? Do I make an excuse, or tell the truth(I wouldn't be able to hack it)? Should I say I am going home to my own country? Should I call, or send an email? This is the first time I've quit a job, so I am unsure of how to do this (especially in Japan).

Thanks all. Feel free to memail me :(

- side notes: I used to be on anxiety meds, and I'm pretty sure I have ADD. I have already been sponsored for a visa by this company. I don't know if it will become invalid. I also have a stash of money and a place to stay for the time being. I am not sure whether I will go home to my own country or not yet. Finally, although I am being paid for training, the starting date for the contract is not until early September. I honestly don't care if they withhold my training pay, I just want out.

How do I approach contract negotiation without making things really tense?

circular — Sun, 19 Aug 2012 21:08:12 -0800

What are some common "win-win-style" tactics or phrases used during contract negotiation to get portions changed/removed? From time to time I need to write or talk about those issues without escalating any tensions. Typically this happens with boilerplate contracts that come across my desk, with TONS of stuff in there that makes me uncomfortable. I usually don't feel like it really reflects my client's (comparatively optimistic) attitude toward the project. But I don't want to seem like the one weirdo who needs the entire contract rewritten his way.