dimanche 22 février 2015

Independent Contractor vs. Employee HELP!

I'm a wedding video editor and have been at the same wedding video company for 10+ years. They shoot the weddings and employees of the company also edit them as well, so the job roles are interchangeable for the most part.



I originally got the job in 2004. They held a contest for the job and contestants had to make a 3 minute highlight video. I won first place and got the "job". They made me sign a contract saying I had to give them 40 hours give or take per week and not work for other video studios in a 30 mile radius of the company. I was required to go into their basement (home business) but they said I can show up and leave whenever since I was an IC. But I still had to show up and use their stuff. I was paid hourly.



In early 2005 the owner of the company went to a seminar for weddings videographers. Upon returning he said "you can work at home and it's now paid by the project and not hourly". He then asked that I still stop in a few times a week. He set the pay rates for the projects.



Thing is from about 2005-2006 the work wasn't enough to pay the bills. I went from a $600 weekly hourly pay to doing about 2-3 $200-600 jobs a month that would often get held up over clients not getting back to them. So I started shooting weddings and editing for other studios but it was literally like 5-6 gigs. He found out and verbally yelled at me for working for others, I explained the cash flow/client delay problem and he pretty much blew that off. So I still tried to find work to fill in the gaps but now was afraid to respond to job offers online (there's a wedding video forum etc and they're very tight knit so everyone knows everyone, even across country). So it's' easy to find out if someone starts working somewhere else etc.



While he doesn't fire me, I did get plenty of verbal and email complaints and threatening messages about not showing up enough to his basement frequently enough during this time period, 2005-06. They had another contract editor who started there in 2003 that showed up at his place of business every day 9-5 using his stuff and you could say he was the sr. editor there. In 2006 the other editor pretty much had it and quit so I was now the primary editor and they started charging more money and luckily I was getting paid more. I was still afraid to work for someone else but since I no longer had the need to, I just played it safe and stuck with this company.



In 2006 I bought a Steadicam device and asked on a wedding forum about tips on how to use it. The owner of the studio called up and yelled at me for posting that saying "it made him and his studio look bad", since they knew I worked for him and he was a steadicam guy.



In 2007 I got an offer to edit ONE (LITERALLY ONE SINGLE PROJECT) from another videographer that was a corporate video, not a wedding video. The studio I worked for wrote this videographer a letter saying that I couldn't do the project without risking my job.



Slightly later on in 2007, he asks me to do a video where I talk about editing so they can show it at a demonstration. He said "I want to get your name out there" like it was an exposure opportunity. I found that odd that he wanted my name "out there" since earlier, he threatened me. I'm pretty sure that his real intent was to give other videographers the impression I was an employee so they wouldn't offer me any work (this is a national convention in vegas the demonstration was in. For the record, wedding editors do a lot of work by mail across the country).



Late 2008 he started actually hiring employees that in effect did the same job I did except they were in the studio. He did a staff page which included me and other workers, without any indication of them being an employee or contractor...this is important because in 2011 they get audited for 1099s for the year of 2009



For the 2011 audit, he took down all contractors from his staff page and erased them, like they never existed. He asks me for a business card to show the auditor. I don't have any given 2007's letter. I just had a website with my work on it. He admitted to me via email that he was going to just forge my card and admitted to taking down contractors off the site for the audit. I eventually learn he passes the audit and I get put back on the staff page. For the record, he said the audit, which took place in 2011, was for the year 2009. During that year, the recession, I was out of work with them for about a month since they had no work..needless to say, I had no outside work aside from them for 2009.



At the beginning of 2011 he says something along the lines of "Hey I have 2 employees now, but I still rely on you for your speed"...he was holding back something, I can tell from the tone of his voice and it was very weird. The wedding edits take about a workweek give or take to make, and I generally churned out at least 3 per month and was the most prolific of any editor. For most of 2011 he complains that I haven't been as productive. I then start getting verbally questioned by one of the employees, who's a family member of theirs, about stuff I'm working on outside (I did a lot of promo videos and charity work because I wanted out of that place). The employee starts saying "Oh no wonder you slowed down, in a hassling tone, like he was prodding me on behalf of the studio etc. I can't know that for sure, but it just seemed odd and he was getting pissy with me as 2011 went on with similar questions and comments.



At the end of 2011, they accused me of overcharging them for shooting (he does have IC use invoices). For years, he said shooting rates were $40hr for shooting gigs USING THEIR GEAR. (I had gear of my own but he didn't like the brand of camera so I had to use his gear from about 2010-2012). He then said no no, $40 hr with your own gear was the rate, the rate without gear was less (yet he didn't specify that lesser number). I had MANY emails where he had in writing that the rate was $40hr WITHOUT gear of my own...to which he blew off and insists that "it isn't fair to my employees that I pay them $40 with gear and you $40 without)...despite the fact I had like 5 years plus experience and seniority over most of them. He later agrees to let it go after I said I'd stop shooting there.



During 2012, most employees LEFT. He starts hiring contractors only instead.



In 2013/2014, he starts putting in more control towards contractors. They now have to contact the client (bride and groom) and ID themselves as "with" the company. He also insists that contractors now log hours...for flat rated projects. Other contract editors are going in his studio and working at his place using their computers, although not on a schedule, but pretty much every time I visit there's several ICs there.



Recently I responded to someone's post on Facebook looking for an editor, he then emails me on Facebook "Why are you looking for work? Are we not paying you enough, you have a backlog with us"...The reason I was looking for work was because one of their employees said they were running low on jobs...he then interrogated that employee and that employee had to "rephrase" what he said. That same employee referred me to a friend of his that needed editing done (like 2-3 jobs per year) and he's terrified he did that and said we'd have to keep it a secret.



Meetings and Language used - he doesn't mandate meetings, but always barked and yelled at me for not being a team player. Usually he would wait for me to drop off a project and just call the meeting right then and there so I was "forced but not verbally forced" to attend. He always referred to me as an employee-he told clients I was an employee and had me edit his kid's mitzvah for dirt cheap because "we've been employing you for all these years"...which I kind of felt was a threat the way it was phrased.



Contests: The contest I won in 2004 was again labeled and advertised as an actual job. This studio has held several more contests just like the one I was originally hired in over the years SWITCHING back and forth between IC and employee. 2007s contest was for a contractor, 2009-11 being employees, and 2014 being a contractor.



On a Facebook wedding video forum he advertised the 2014 hiring contest as a "contractor job" for a new editor. Late in 2014 someone posted an article about FedEx being slammed for contractor fraud and wedding video studio owners were getting paranoid. The owner of the studio that I work for said that everyone was fine. Then other wedding studios replied saying: "No you cannot tell a self employed person that they can't work for other studios via contract" - such as the one I originally signed. Another studio said "Even if you don't control them, if they make more than $30K per year and it's their main salary over a long period of time, your IC are in fact employees". The guy that runs the studio I work for DELETED HIS POSTS in that thread and EDITED the 2014 contest entry saying "contractor job" and deleted the word "contractor". Kind of like he got scared.



Freelance:: He "allows" me to do freelance stuff...but he isn't too happy about it - again as noted, I get harassed if I don't turn in jobs frequently enough since I worked there. But I only do a handful - i.e. like 3-5 gigs per year.



Even though I work from home and make my own hrs (which I now am supposed to log) and do freelance, I have been harassed for working with other people, have been with them for 10 years as a permanent editor, and have the same duties as their employees, I'm integral to their business, and I have to communicate with the other employees on a routine basis. I roughly make about $30K per year with them give or take some years with only a few grand for other jobs, if that.



Any insight of guesses would be appreciated...




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