Announcement

Collapse
No announcement yet.

Employment contract Pennsylvania

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Employment contract Pennsylvania

    I had been offered a Job with software consultants company at hourly wages to work on thier clients place. The contract was signed as a contractor. But the employer started to withold my taxes (Feseral,state,medicare) and social security. Due to this will the contract that i signed as contractor will be valid?
    As per the contract i was not supposed to join the client company as employee and also should give two week notice before leaving the JOb. Is this a valid and enforceable statement in PA.
    Please advice me ASAP as I intend to join the client company now. All your help in this regard is highly appreciated
    Last edited by master11; 12-15-2006, 02:35 PM.

  • #2
    Since we have not read the contract, we don't know.

    Show it to an attorney in PA.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      The employer did not gave me the copy of the contract.

      Comment


      • #4
        Then I don't know what to tell you. No one can comment on the enforceability of a contract they have not read, as the exact wording can make a difference.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          I was able to get a copy of the contract of my colleague which is similar. As per it it says the employee is consultant and employer is a client and consultant shall give a notice of two weeks if the consultant decides to leave the contract during the duration of project and also it says the consultant shall not initiate contact with the clients client for any reason or arrange for services during the duration of the project and for a period of one year following the completiion date of project.
          so what are my rights as employee under this above statement. I know the employer will withold my last month pay if i give him the notice. They did similar thing to my colleague.
          And how can i get the signed copy of the contract from the employer
          Please advice me the best way to handle this...
          Thanks
          Last edited by master11; 12-15-2006, 07:58 PM.

          Comment


          • #6
            I'm not convinced that's as much a bona fide, enforceable "contract" as it is an employment agreement. And actually, it sounds like a very common agreement in the staffing industry.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7

              what is the difference between bona fide, enforceable "contract" and an employment agreement. If it is not enforceable what is the purpose of employment agreement. And also in the contract it says iam not an employee and i will be only a consultant. But then in paycheck they hold my state,federal,medicare taxes and social security too. Can they hold these from my check if i am not an employee and will it in any way invalidate the contract.
              Last edited by master11; 12-19-2006, 07:51 PM.

              Comment


              • #8
                You can google "contract", but basically it requires "consideration" from both parties.

                Now, if they are deducting taxes, they ARE treating you as an employee, no matter if they call you a consultant or they call you the janitor.

                You may wish to get a brief consultation with a local attorney who can advise you after reading the document in its entirety.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment

                Working...
                X