Do I report City temp job that stated I would be paid more than I am?

[discouraged]

I seriously didn't even know how to title this. History: September 2010 I interviewd for a temp position with the City. Pay was Lousy (12.31 hr) but after not working for a year, felt it was a god send. I started working there Sept 27.

In December their funding for the position supposedly ended so they asked me to stay on as a consultant at $15.39 hr. I agreed to do that and signed an agreement to be a consultant. Then, a week or so ago, the person who is theoretically my supervisor told me I had to fill out a timesheet as opposed to the consultant reports I was submitting. I just figured it had to do with the way they were going to pay me. (Net 30 - which was a bit of a concern for those of us (3 of us) who'd signed the agreements.)

Last week, on Tuesday, I asked the 'supervisor' how that all was coming along and whether I would be paid that week and if anything had changed. She stammered and said that they couldn't process the agreement and I would be getting paid the original 12.31 an hour. That I had to talk to HR if I had questions.

I was in shock. Already I'd put in almost a month at what I was told the higher salary would be and now she tells me I wouldn't be getting that.

SO - I talked to a few people who said I should complain to the State Human Rights Division. I waited until I got a paycheck (arrived this past Saturday) to see what I was being paid, and yes, it is for $12.31 an hour.

Here's my dilemna - after being out of work for a year, anything is betther than nothing. BUT - they lied and what they said was fraudulent and I am seriously angry. At the same time, after working there, I was counting on them being a reference.
Oh, and since I am working in purchasing and the agreement went through 'us'., I asked my co-worker, who handled it since I had a vested interest and they thought it should go through her, to turn her head while I made a copy of the agreement and, surprise, surprise, it had not been signed by the department head.

Any suggestions as to how to handle this? The position shouldn't last more than 2 more weeks but I am getting butterflies already about Monday as I am ready to blow up at the way I have been treated.

Our department is combined with City Human Rights so obviously I can't go through them. Also, the person other co-workers (who were as shocked as I am at what is going on) suggested going to the State as this department had forced out a worker who now is working for the State Human Rights office and despises the people that put all this in motion. What A MESS!

[tobee43]

doesn't ny have a wage and hour dept.???

now...here's the usual scoop with contract employees....usually they have absolutely NO rights...unfortunately....however, you salary was negotiated and agreed upon...so, it is a difficult situation for you, however, we are only talking about 30 days here correct?

now, i know you...and you are soooooooo principled.. and honest that i know this is really difficult for you to except. but think about it for a moment....it could be worth much more than the 2.00 or so more an hour, IF they continue to keep you on??? now, if they don't i would look into where to "report" them and see if you can file a complaint. i know you have had a real hard time of it and just HATE to see you have to go through more...but i would report them to wage and hour...dept of labor state and federal etc...anywhere i could....

ahhhhhhh i'm so sorry!!! i was really hoping they were going to keep you on!!!

i MEANT Minnesota...not ny!!!! sorry!!!

[discouraged]

It is a VERY strange situation. Sorry Tobee, it's MN, not NY. But yes, I think everywhere they have a discrimination office. And I have been advised to turn them into the Human Rigts office at State level. It is a really strange office
(where I am working). Was a great office, from what I hear, before the person who is now the Director was hired. For budget reasons they combined Contracts and Analysis with the Human Rights divison, which makes absolutely no sense, but CAS had all the money as they do the purchasing for not only the city, but the county as well, so they put human rights there. No clue.

I don't want to get into a lot of it because. although I am one of the forerunners for everyone being equal, they were taking it to extremes and hired people as temps who have no right to be there as they have no clue as to how an office works and down-grading people who have been there forever - just because. No rational explanations.

Because it is government, they cannot keep me on due to Union Rules (which I agree with) that state if they need a temporary that bad (over 6 months), they should post the job and hire someone, which opens up a job opportunity for someone. BUT, you have to be on the list and have taken the test. And I hadn't taken the test so could not be on the list.

It is a really tricky situation. What I was hired for in the first place was to correct data entry errors for the new system. They (the new director) left it in the hands of a person who hired incompetent people to begin with and at that point they were trying to correct errors. Turns out it's the Mayor's pet project and now they are trying, in the eleventh hour, to correct
wrongs. It's been a mess from day 1.

What they are doing is so totally wrong, not only to me, but to others in the office. They demoted a person who was acting manager and put this incompent person in her place, the one who originally hired the wrong people for the project. This could be a REAL big deal, as it is the Mayor's pet project and is supposed to bring us (them) into an entire new way of doing all the purchasing for the city/county - think of police uniforms, city maintenance, streetlights - anything that has to do with running the city is in their hands.

And - I would be a whistle blower for anyone looking into this. Am I being paranoid? Maybe.

I do know I will not be going into work tomorrow and instead will be contacting my work force counselor and talking to the Human Rights diviision at the state and I am sick to my stomach at the thought of all of it.

[discouraged]

Sorry Tobee, I saw that you did correct it to MN. I was so frazzled I didn't spot that. Still up in the air this morning. emailed my ocunselor at the Work Force Center for her advice so will be waiting to hear from her. What it means in the end is that I'll be out about $750 as they plan on keeping us at least another two weeks. BUT, how do I deal with the anger and frustration of the lies? I am ready to blow up and that is not a good thing to bring to work!

The sad thing is, I would have been okay with the pay I was making as I really like my co-workers and the job. It's the lies and fraud that make me angry. THEY instigated the change, not me. THEY drew up the agreements and didn't even have the guts to tell us they weren't worth the paper they were printed on.

[tobee43]

Sorry Tobee, I saw that you did correct it to MN. I was so frazzled I didn't spot that. Still up in the air this morning. emailed my ocunselor at the Work Force Center for her advice so will be waiting to hear from her. What it means in the end is that I'll be out about $750 as they plan on keeping us at least another two weeks. BUT, how do I deal with the anger and frustration of the lies? I am ready to blow up and that is not a good thing to bring to work!

The sad thing is, I would have been okay with the pay I was making as I really like my co-workers and the job. It's the lies and fraud that make me angry. THEY instigated the change, not me. THEY drew up the agreements and didn't even have the guts to tell us they weren't worth the paper they were printed on.

well, i hope you report them some place!!!!

you know what...this forum has a "new" area...about hiring, firing and wrongful termination.....http://www.bkforum.com/forumdisplay....ul-Termination


i wonder if someone may look in that area and have some REAL advise for you to follow...i'm just so heart broken for you...and you so did not deserve this...i know how happy you were to stay on for a bit longer and hoping it would turn into a "real" position. it truly is awful what many employers...even the "state" and "towns" are doing to their employees....

post after you speak with HR...and see what can be done...shoot you have nothing to lose...however....if you have two more weeks why would you continue to work there if you are losing the $750...i would also call unemployment as well....best of luck!!! and of course you know where to find me..

[Ifonly]

One quick thing to consider. Were you being paid as an employee at the lower rate? (meaning their withholding tax, you're paying the employee share of FICA and they're paying the employer share of FICA).

Contract employee suggests to me that they would pay you as an independent contractor at the higher rate (so no withholding, and you're paying BOTH sides of FICA).

If the above is the case, you would have to take 7.65% right off of the top of the higher rate (since now YOU'RE paying the employer side and the 2% reduction in SS tax in 2011 is on the employee side only) so you'd be making $1.18 less than you thought. Also, being a contractor disallows you from being eligible from SUI, SDI, WC, etc. You would be able to deduct certain business expenses on your taxes as well but it can be a reporting burden if you haven't considered how you're handling the administrative aspects.

Sooo, if you're an hourly employee at the lower wage and an independent contractor at the higher wage, you might just want to consider sticking with the hourly employee bit. The actual amount of the increase (after increased tax burdens) may not be worth it in the end.

[discouraged]

It's the ethics more than the pay. There were 3 of us and they did not bother to tell us we would be paid at the lower rate. The whole dept has absolutely NO communication and today I emailed HR with the problem and FINALLY my 'new supervisor' elected to talk to me after hearing from HR - I assume they told her she'd better fix the problem. She wouldn't tell me what they said.

As I told her, it's not about the money. It's about the fact that they decided to not honor the agreement and not tell us - I did ask her 3 weeks into the project how the pay thing was coming along and she said we would be paid and the lower rate and to talk to HR. It shocked her when I did.

The whole dept is undergoing unethical changes and I seriously think it should be looked into. This is city government and this type of thing should not be allowed to happen.

I don't know how far I will take it or how much farther I will have to. Just getting HR involved may force them to look into their politics.

So, I am not doing this for the money. I know there would be many deductions. It's the ethics and the way they treat people which should be looked at.

Call me a fool I guess, but this is our taxes that is paying them to serve us - not the other way around. I'm debating taking it to the ethics committee at the state level but don't know if I have the guts for it.

[discouraged]

I should add that the supervisor told me that they did this so they could use up 2010 funds and HR told them they couldn't do that. They are making that poor kid (early 30's) do their dirty work and setting her up to fall (or fail - whichever comes first). Wish I could let her know that but I remember my 30's and it would probably fall on deaf ears. I hope she learns how to protect herself. I did tell her that at this point, I expect everything that is discussed to be in writing along with verbal. Scared her a bit but maybe it will help her look out for herself more.

[LadyInTheRed]

discouraged, have you thought about going to the press? You may need to get the issue out in the open where government officials at each level can't so easily work together to shove things under the rug.

[discouraged]

Wow - Ladyinthered - I just don't know how balsy I'm going to be. It's scary to fight the government. I want them to be investigated, yes, because they are abusing people. These folks (the Director, the person who 'displaced the acting manager and the head of Human Rights - which became part of the dept because they had no budget) are all lawyers who are now working at the city. I know I scare them because of the talk today BUT - how much am I willing to put myself on the line? I don't know yet.

As it stands, I'm really p---ed at what they have done and what they are doing. I'll really have to think that one over. I was thinking more on the lines of the ethics committee at the state. But, you may be right.

Yikes! What have I gotten myself into?

[tobee43]

discouraged....got your pm's....and i'm with lady on this one....

but, if i were in your shoes, i'd wait until after the 2-3 week period is over???? then again, if i were in your shoes....(or maybe i'd even wait until AFTER the your first unemployment check comes...and is IN the bank)...then i would most likely do what was suggested...also your idea about the ethics committee...(LOL!! kinda like the fox watching the hen house) with respect to the city exploring one of it's own, but at least minimally, and maybe just at least, a way to get it on the record?

[discouraged]

Tobee - the ethics board is at the state level and oversees the county and city (as well as all businesses in MN) so it is an entirely different dept.

Interestingly enough, today the receptionist got sick and while at the front desk, a person from the State Auditors Office called and one of the bids we sent out went to their office instead of the office it was supposed to and he wanted to know where to send it. I got his number and when I got back to my desk researched the problem. In researching, it turns out that they are the ones that handle business compliance. There were a number of articles about the things they have done. Didn't have time to research it all (I was at work after all) but do remember the hullabaloo they created with some companies. HMMMMM. So, now I know where they are located and gosh, even have a name and phone number.

I did send an email to Human Resources today asking if I could meet with them and discuss this issue. We'll see what happens with that.

[tobee43]

Tobee - the ethics board is at the state level and oversees the county and city (as well as all businesses in MN) so it is an entirely different dept.

i hope so, i know in the state we use to live it was all kind of the same....if you know what i mean.

it sounds as though you are finding the correct resources to air this situation out with or whom at least is the "go to" person, place or agency...

this is a hard time for you, i know, but it WILL work out!!! after months of all you have been thru...maybe a "break" if something doesn't come thru immediately for you, may actually be in order??? time to clear the path and your head??? and maybe finally have some time to put this all behind you. shoot, i know these hours have been so restrictive for you in many ways in taking care of your own business!! so i'm just soooooooooo hoping this is all for the BETTER for you....

but i still HATE what they did and are doing to you!

[discouraged]

It could you are right. As it stands - I'd emailed HR again and asked if I could meet with the labor manager. Here is his response:
My Name:
I am somewhat familiar with your situation. While I appreciate the difficulty of your position and your belief the department has acted unethically, HR cannot allow a department to violate Federal tax laws which is what would have happened if you had been allowed to continue as an Independent Contractor.

There really isn't someone at the City who is responsible for temporary employee interests, but I would be happy to meet with you if you wish to discuss this further. Unfortunately, it would need to be next week.

I emailed a reply:
I will think about this over the week-end. Thank you for the information. You inadvertently saved us as I was not aware that this would have affected unemployment if I need to go back on it. THAT would have been another shocker.
Compuunds the problem I have with the whole ethics issue.

*******
And. like an idiot, until I brought this whole thing up, I did not realize how it would affect me. They would have gotten the benefit of my cheap labor and I would have been SOL when the position ended and I re-signed up for unemployment. They, of course knew exactly what they were doing but were unaware of the IRS laws. They are lawyers, but IRS law is a specialized area and I know they didn't take that into consideration.

So, I have the weekend to think and research and then see about meeting with HR to discuss the ethics issues. It may be to my benefit to stay there until they no longer need me (if that is even an option with my 'attitude" problem) but I'll see what everyone here has to say.

You, dear folks, have saved my sanity during all this. I certainly didn't need the extra stress and anxiety this caused!

[tobee43]

you know my vote...do whatever it takes to not jeopardize your unemployment benefits....even if and i know this is hard...you have to eat crow and back step for the next few weeks....

maybe even write back and say how you appreciate the opportunity to stay on as long as possible...thanks for your time....I KNOW THAT will NOT be what you want to do...but you certainly do not want them getting rid of you with an "attitude" problem...no way...trend like feathers!!

those lousy so and so's!!!