I want to explain a situation I got myself into very recently, because I think it probably happens in the world of freelance much more than we realize, and everyone should know to be on the lookout. A year ago, I was contracted to work for a company on an ongoing, “long term” basis. I had worked with the company a few years before and had really enjoyed it, so I was happy to jump back in. In the past, I had experienced the freedom that most freelancers come to relish: setting your own work schedule (while still getting the job done), working from where ever you want, not having to wear pants to the office, and so on. While the company is fairly large and has several clients, there was never a problem of coverage and everyone was happy. That was not my experience this time. As with every company, there had been changes and evolutions to the way things were done – new management, new systems in place, and new policies. Unfortunately, the changes had caused them to lose sight of the freelancer/client relationship. First, I was informed that their office hours were 9 – 5 EST, and I was required to be working no later than 12pm EST. I live in Hawaii, so that means I have to wake up around 5AM in order to begin work around 6AM. As someone who fell in love with not having an alarm clock for several years, this was a big change. The changes went on from there. Gradually at first, but eventually I found myself reporting to a “supervisor” constantly, filling out reviews for other “team members” with whom I had little dealing with, and one day, receiving notification that my billable hours were being reduced. Without my consent, or even so much as a consultation to what the issue might be. That’s when it hit me: I was an employee again. Not only that, but I was a poorly treated and underpaid employee (the myriad meetings were unpaid, and the hourly rate was well below industry standard) who had absolutely none of the benefits of employment. No health benefits, 401k, vacation time, overtime, etc. I couldn’t even reliably use them as a reference for future work, due to the NDA I had signed. This would simply not do. The #1 reason I left the traditional world of employment years ago was because I never liked “office politics”, being treated poorly by customers and employers, and still having to wear a pasted-on smile every day. I had fallen back into this, like the frog in boiling water. Not only was this situation violating several Small Business Administration guidelines and IRS guidelines, but I found myself feeling constantly drained and moody as a result. So I decided to give my two-week notice (yes, the company requires “freelancers” to do that, too), and go on my way. I also sent them the above links and an explanation of the difference between employee and contractor, and the many ways in which they were violating these principles. Luckily, I have been doing this work long enough to have other clients and was not financially devastated by the loss of a large one, but I was shaken and a little sad. Mostly, I was sad for the other “freelancers” that company has, as well as future ones who they might suck in. So, fellow freelancers and independent contractors, please take this lesson of mine as a cautionary tale. Be sure to brush up on the difference between an employee and a contractor/freelancer, know your rights, and don’t fall prey to clients who may abuse the relationship. I don’t think that the intent behind this particular company is malevolent, but I do believe it is being steered by people who are very misinformed. In the end, that won’t be good for anyone.
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