Layoff and Rehiring/Layoff again

[c2003]

I am a usability engineer. I help make company's products consistent and usable. I got layoff and my last day was Feb. 14. Today, the HR person called me and ask me to go back to work on a project. The team cannot deliver the product without me. I was told that I would be paid the same salary as before and same benefits. I was also told that I would be laid off again when the project was finsished (sometimes in March). I said OK without thinking further. I will start on Monday. Now, I regret that I did not negotiate with them for any more compensation. I need some advice what I need to do when I go to the office. I will first meet with the HR person first. I think I still have some room for negotiation. I appreciate your help.

 

[Beth3]

You are free to ask, they are free to say no.

What I can tell you (speaking as a senior HR person) is that if you try to hold the project hostage by making unreasonable salary or other demands, they *may* have to give you what you want but it will leave a VERY bad taste in this employer's mouth and that will not serve you well in the long run. It will be reflected in any references they provide and they certainly will not re-employ you if a position opens up that they might otherwise have offered to you.

Think hard about whether you should ask for more than what you had when you left and if you feel you have to, then make certain your request is reasonable.

 

[c2003]

I was terminated on Feb. 14 already so any employment relationship between the previous company and me will be new. Since one month work is never for a new permenent employee, I will ask for a contractor position.

 

[Beth3]

FYI - The legal requirements to meet contractor status are quite rigorous and it's likely that even though it's temporary, the role you'll be filling won't meet those requirements. There's no benefit to you for them to employ you as an IC and if they bring you on as an employee (even a temporary employee) at least you'll have all the appropriate taxes withheld and a matching FICA contribution made so you won't have to mess with that on your 2003 tax return.

 

[c2003]

Thanks for your advice. Is it legal to hire a person as an employee for one month and plan a layoff when the person is hired? I think layoff is a serious business and it has impact to employees mentally. It is not easy for most people to go through the layoff process. It's not a kid's game.

I'rd rather working as an independent contractor through an approved contractor company than accepting the permanent position for one month. I can live without the one month pay but I can't accept what they are doing now emotionally. I will feel better if I work independantly. Also, I am looking for other opportunities and I need flexibility.

 

[cbg]

It is perfectly legal to hire an employee on a temporary basis; i.e., telling the employee beforehand that the assignment will only be for one month. You can call that a layoff if you want to and so can your employer, but in actual fact it's hiring a temporary employee. There should be no additional emotional strain since you know beforehand that the job is only temporary. You are putting that additional strain on yourself.

And before you tell me that as an HR manager I don't understand the emotional difficulties, be advised that HR personnel are not immune to layoffs and in my career I have been laid off five times. HR is often the first to go and the last to come back. That's why I now do consulting.

You don't seem to understand that you don't get to choose whether you are an employee or an independent contractor. Under the law, there are a very rigid set of requirements for IC status. If the job does not meet those requirements, you CANNOT legally be an IC no matter how much you would prefer that status.

If the requirements of a one month employment stress you that much, turn down the job.

 

[c2003]

Is it reasonable to ask for a retention bonus if I accept the temporary employment position?

 

[Beth3]

Yes, provided it's not an outrageous amount. In return, you are guaranteeing you won't resign the temporary assignment until the project is completed. So think carefully before you ask because you could end up having to pass up a great job opportunity.

P.S. Saying you want to work for the employer through a contracting agency is an entirely different matter than saying you want to work for them as an IC. You will be an EMPLOYEE of the contracting agency; they in turn will rent you out. You're not an IC in that arrangement. You're an employee, just not of the company you're working for. You may also earn less than you would if you went back to work for the employer directly as a temporary employee.

 

[c2003]

Again. Thanks for the advice. I spoke to the HR person today. She told me that they could not hire me as a contractor because I was still on the payroll for severance pay. I then asked if I could get a retention bonus to go back. She told me their budget was tight and could not find extra money. She also told me that the entire thing was messed up because of miscommunication between between two organizations. I was under organization A but woked for a project in organization B. Organization B needed me but organization A laid off me. Right now, Organization B is trying to hire me back temporarily but is tight of budget.