Negotiation Advice - undisclosed additional work hours

August 15, 2023 7:25 PM

The contract job I was hired for will be a greater weekly time commitment than originally presented to me. Through no fault of my own, there has been a pause, and my contract will need to be reissued once a new start date is agreed to by all parties. Do you think I am more likely to be successful negotiating for more hours per week or a boost in hourly rate? There are government contracts involved, so I am not sure if that will make a difference.

I was hired as a temporary employee as a Senior Trainer for a large project. I went through 4 weeks of intensive, full-time training the trainer sessions, and was supposed to begin delivering the training the week after the train-the-trainer ended. But, the project got pushed. The push had nothing to do with me or any of the other trainers. The three entities involved have all stated they are committed to the project, and hope all of the trainers will be available when the new start date is confirmed. (They have invested thousands of dollars in each of us, with no deliverables, so it makes sense they want us back.) But, over the course of the train the trainer sessions, I discovered that in the weeks when we are delivering the training, we would be expected to do about 4 -6 hours a week of uncompensated prep activities, not just reviewing the material as needed, but actually setting up scenarios for use in the training environment. I was willing to eat that when I discovered it, but I feel like this push gives me a chance to renegotiate. So, do I ask for an hourly increase that would cover these hours or an increase in billable hours per week at my existing rate?

posted by hworth to Work & Money (5 answers total)

Just thinking out loud here about other leverage you have - are you being paid garden leave or any sort of kill fee for the contact (if it was that sort of contract)? Or are you sitting around unpaid right now, with the expectation that you would (hopefully) be available at some unknown future date? Because if they haven’t paid out the contract and/or actually want you available beyond hoping that might be another thing to discuss.
posted by Nonsteroidal Anti-Inflammatory Drug at 7:31 PM on August 15, 2023

Response by poster: Basically, I am sitting around unpaid. They did pay out through the end of the week when the push was announced. But, the contract was "at will." Most of us are actively seeking other work. Some have already declared they will not be available because they have accepted other contracts. It is definitely in their interest to get as many of us back as possible, but they are almost certainly going to have to hire additional people. I am fairly sure I will be offered more money, my question is more about approach.
posted by hworth at 7:42 PM on August 15, 2023

I wonder if this would be a case of wage theft if they expect you to work without being paid. Probably depends on the nature of your contract, though. You probably have a state office that deals with this sort of inquiry.
posted by How much is that froggie in the window at 12:21 AM on August 16, 2023

Can you clarify the nature of your contract: Are you a contracted worker (i.e., hourly rate x the hours you work) or are you providing a contracted service (i.e., deliver n trainings for $x)?

If it's the first, you can likely negotiate rather easily, simply by approaching it as, "I need to be paid for all the hours I work."

If it's the second, and you essentially made a wrong assumption about how much labor was involved when bidding or accepting the project, you're in a tougher position, and that misstep would likely be something you just need to eat.
posted by NotMyselfRightNow at 3:56 AM on August 16, 2023 [2 favorites]

I’ve gone back to clients and simply said the estimate was off and be honest. Everyone makes mistakes and it isn’t as cutthroat as it seems. Just be honest.
posted by geoff. at 5:51 AM on August 16, 2023