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  • Hired to Spy on employees and report to boss? Nevada

    So I recently got unemployed and found a new job. They hired me the same day as the interview and gave me a independent contract job for 30 days (w-9) The 28th was my first day and the second day(29th) they brought me back to corporate and told me that I need to find out what the managers are doing and pretty much spy on them without informing them what I am doing. If i do this then i will receive a full time employment. I am under the assumption that they are just going to fire me as soon as I figure out what is the problem they are concerned about. My question is, is it legal for them to hire someone to spy on their employees with their consent? I have done a pretty intensive investigation of their storage property and their not doing anything illegal but they are an older couple that isn't technology inclined. That is pretty much all they have against them. Idk if any of this is legal and I believe im just being set up to fix the little things and report on them. Just making sure i don't do anything illegal. Thank you for the help ahead of time

  • #2
    Das ist in der Doktor!

    Originally posted by Storage View Post
    So I recently got unemployed and found a new job. They hired me the same day as the interview and gave me a independent contract job for 30 days (w-9) The 28th was my first day and the second day(29th) they brought me back to corporate and told me that I need to find out what the managers are doing and pretty much spy on them without informing them what I am doing. If i do this then i will receive a full time employment. I am under the assumption that they are just going to fire me as soon as I figure out what is the problem they are concerned about. My question is, is it legal for them to hire someone to spy on their employees with their consent? I have done a pretty intensive investigation of their storage property and their not doing anything illegal but they are an older couple that isn't technology inclined. That is pretty much all they have against them. Idk if any of this is legal and I believe im just being set up to fix the little things and report on them. Just making sure i don't do anything illegal. Thank you for the help ahead of time

    Yep, it’s legal
    enjoy the gig while ya got it there Sherlock,
    it could be worse.

    .._____________________
    ~ We’re sorry, but the position of God has been filled.
    There is however a job for an @sshole.
    I applied, but was turned down,
    …over qualified
    Last edited by drruthless; 06-30-2011, 07:56 PM.

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    • #3
      My question is, is it legal for them to hire someone to spy on their employees with their consent?

      Yes, completely legal.

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      • #4
        Agree, I don't see anything that would make it illegal.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          thanks for the help probably just going to quit after saturday because im sure once i am doing cleaning the mess up they are going to get rid of me lol

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          • #6
            Das ist in der Doktor!

            Originally posted by Storage View Post
            thanks for the help probably just going to quit after saturday because im sure once i am doing cleaning the mess up they are going to get rid of me lol
            Maybe if you do a good job it could work into something full time.
            Remember,
            He who finds the most dirt could wind up owning the shovel…
            …or, sleeping with the fishes…:
            .._________________
            ~ Life is pleasant.
            Death is peaceful.
            It's the transition that's troublesome.~ Isaac Asimov
            Last edited by drruthless; 06-30-2011, 07:59 PM.

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            • #7
              Originally posted by Storage View Post
              thanks for the help probably just going to quit after saturday because im sure once i am doing cleaning the mess up they are going to get rid of me lol
              You might want to consider finding another job before you decide to quit.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                Being an independent contractor has nothing to do with unemployment right? So if i ended my contract this week then i would be able to just continue my unemployment next week

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                • #9
                  Uh, no. You would be eligible to start collecting UC again at the end of the terms of the contract. But if you voluntarily quit your job, then you won't be eligible for UC.

                  You're better off either (a) finding a new job before you quit this one, or (b) waiting for the contract to be up or the employer to terminate you.

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                  • #10
                    Agree, you don't receive UI if you quit.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      " They hired me the same day as the interview and gave me a independent contract job for 30 days (w-9)"

                      From what you've described of the job they hired you for, you are not an independent contractor. Read this FAQ from the IRS that describes the differences between an employee and an IC:

                      http://www.irs.gov/businesses/small/...=99921,00.html

                      From the way you describe your pay relationship YOU are responsible for ALL taxes. That means both the employee and employer share. Be sure to set those aside, as the IRS doesn't care where they come from and they WILL come after you for them if they are unpaid.

                      Don't quit. Let them terminate you and when you re-file for UI, naming them as your last employer, the UI folks will investigate.

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                      • #12
                        I really appreciate all of your advice. It means a lot! As i read the contract they had me sign. It does state that I am an independent contract and not a regular employee. I signed a w-9. All of the arrangements as to what my job entails is all verbal. So what if i just don't quit and just don't charge them for hours? I honestly would love to have a job and will continue to look for another but I just can't morally do anything like that. I need my unemployment to survive obviously. Even though a contract has a date of when its over don't I have a right to say my service is complete or over? I technically have no boss but a service i am providing correct?
                        Last edited by Storage; 07-01-2011, 10:19 PM.

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                        • #13
                          Originally posted by Storage View Post
                          As i read the contract they had me sign. It does state that I am an independent contract and not a regular employee. I signed a w-9.
                          The fact they had you sign a W-9 and a document saying you are an independent contractor is meaningless. They could have you sign a document saying you are a nuclear physicist that doesn't make you one. The fact that they are not making tax deductions from your paycheck doesn't make you an independent contractor that only shifts the entire tax burden to you. If you don't meet the tests of being an IC, you are an employee subject to withholding and they are violating the law in improperly classifying you as an IC. From what you have said, it sounds more like you are a temporary employee working on a 30 day agreement rather than an IC.

                          Re-read the posts above carefully, there is a very important comment which I'm quoting/emphasizing in bold below:

                          Originally posted by Beth3
                          ...if you voluntarily quit your job, then you won't be eligible for UC.
                          I also think there is a risk in being an IC this could be interpreted as your being self-employed, which might have implications on your UI claim.

                          ...individuals who are self-employed do not [emphasis added] meet the definition of unemployed, unless the self-employment is casual in nature and can be worked at the same time as a full-time job in the person's customary occupation.

                          Source: The Nevada Department of Employment, Training and Rehabilitation, Employment Security Division, Unemployment Eligibility webpage.
                          While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.

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                          • #14
                            Now they told me that they hired a new employee to do a conversion on the computer system. That happen yesterday and when my employers were on the phone, when telling me about this new employee, they stated that he was going to do the conversion to the new system but "this new guy and you are soon to be the new managers but don't tell the Carole(manager) about this." That is implying that they are going to fire the current managers without actually saying. I wasn't too sure until today

                            I was at work today and the new guy shows up and I ask him if he was here to do that new conversion, on the computers, and he said no the company is about to do it in a week or so. Right there he conflicted as to what the Corporate managers lied to me. Later this morning we did a routine walk-thru of the facility and he stated that the company was going to fire these people and were going to run the facility. He was going to manager and I was going to be the assistant. First off I was hired under the pretense that I was going to be the MANAGER once the couple retires next year. Now they are going to fire them for no apparent reason and not give me the manager position.

                            My question about this entire situation is, is it illegal that the company released private information about the current employees? Im pretty sure that they are not allowed to tell the current employees that they are firing other employees. Especially since the employee that is getting fired doesn't even know about any of it.

                            Any help would be greatly appreciated again

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                            • #15
                              Originally posted by Storage View Post
                              My question about this entire situation is, is it illegal that the company released private information about the current employees?
                              Not illegal based on what you have said. I will not say that any and all employee information can be released, but I will say that employee information that is legally confidential is extremely narrow in scope. Not the sort of thing you are talking about.

                              Your "employer" is a major a******. Which is not illegal. That is not likely to change if they hire you. And since they have lied about everything else, I would not assume that they are telling you the truth about hiring you. Or if they do hire you, that they will not treat you just as badly as the current managers.

                              Sometimes the only cure for a bad employer is to find a good employer. You keep looking for the employer breaking the law, when you should be running for the exits.
                              "Reality is that which, when you stop believing in it, doesn't go away".
                              Philip K. **** (1928-1982)

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