Tuesday, September 19, 2006

Disappointment in employment process

I was expecting to start working for a company practicing Agile Methodologies.
But despite the fact that I have been inquiring about employment conditions for over a month, all of them are ignored and they expected me to work without a written employment contract.
I was very disappointed.

At the first interview around the beginning of August, the person who interviewed me said that there were two options to work for the company - as a full-time employee or as a contractor with his/her own corporation. I expressed that I would like to be a full-time employee. He was open about it while he repeatedly expressed his preference of me working as a contractor with my own corporation. I suggested that in the second interview (the technical interview) he said that I would have in the beginning of September, I would go through more rigorous interviews for a full-time employee and if the interviewers thought that I was not good enough for a full-time employee yet, I would accept to work as a contractor.

I appreciated his time when he was extremely busy especially just before he was going for a long vacation.

There were several concerns about working as a contractor with my own corporation. One was non-compete agreement. So I sent him e-mail asking about it. But it was not replied probably because he was busy.

In September, on the day he had told me to remind him if I hadn't heard from him, I sent him an e-mail. There was no reply because he was extremely busy and I understood it. So I waited one week and sent him another e-mail. This time, I asked if it's possible for me to work as a contractor without establishing my new corporation. The reason why I did was that thinking of how busy he was, it wouldn't be a good time to ask for a possibility of becoming a full-time employee because that would involve more paper works. And also while he had said that he would help me to establish a new corporation, it was not realistic to ask for his help while he was extremely busy. So by working as a contractor without establishing my new corporation - basically working as an hourly paid fixed-term worker (determinant worker, as my acquaintance said), I would reduce his workload and his having me wouldn't become a burden when he was extremely busy.

But this e-mail was not replied, either.

Two days later, last Friday, he called me and asked me if I could come for the second interview. One of their clients needed a developer as soon as possible because one of the developers had a health problem and would be out for half a year. And he wanted me to work as a contractor. He didn't mention anything about my last question. Whenever the talk got close to it, he said, "Don't worry about it. We will talk about it later." But I assumed that he read my e-mail and that he was considerting my option. I went for the interview on the same day as soon as the interview was arranged. The developers who interviewed me were also busy and we had only a limited amount of time until their next meeting.

The next Monday, yesterday, he called me in the afternoon and told me that I would be working for the client. It would be three-month. He asked me to start working at 1pm the next day. He talked as if I would be working as a contractor with my own corporation, completely ignoring my suggesion. So I asked him if I can work as a deteminant worker (an hourly paid worker), explaining various points. And I said to him that that would be the only option that we could finish the necessary paper works before I start working the next day. He said that he would ask thier accountant if it was possible.

This morning, he called me and told me that my working as a contractor with my corporation (subcontracting) is the only way. I was reluntant. So he offered to discuss about it before I start working 1pm today.

We met at 12:30 and discussed the issues. I asked about the non-compete agreement. I asked why it was not possible to work as an hourly paid worker without establishing a corporation. He gave me two points - first tax issue, second they don't want to hire an employee without trying him/her out as a contractor. (I don't know why he had mentioned an option of becoming a full-time employee in the first interview.) He wanted me to start working without any employment contract.
My decision was that I don't work until we sign an employment contract. He said that he hadn't got a reply from the accountant yet even though over the phone he said that the only way is working as a subcontractor based on the discussion with the accountant. So I said that I couldn't start working until we got a reply from the accountant.
Basically, he needed a developer immediately for the client.

I have been expressing all my concerns in my e-mails. And I did everything I needed to do. And working without no written contract is not unthinkable and problematic for all the parties involved. I am upset that I ended up appearing that I was not showing up for the client site, because of his avoidance in answering my concerns. I have trusted this company for many months and I don't deserve to be treated in such a way.

I am very disappointed.

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