Anything can be a contract, so long as it evidences the intent of the parties. People have an idea that law is magical, that you have to have a certain kind of scroll or parchment with magic words written in a certain way in order for a legally enforceable contract to exist. But the law isn’t Hogwarts. You can also have in many cases an enforceable contract in which some or all of the terms were never written down. A contract is a contract. See an employment lawyer.
You already provided a cite, but to expand for those who didn’t look at it, supervision of other employees is one of the factors that determines exempt vs. non-exempt status. Not the only one, though. You can be exempt and not supervise people (for example, most professionals). But regardless of your position, if supervising two or more employees and making hiring/firing decisions is a regular part of your job you probably meet the exemption requirements.
That looks pretty concrete to me. Is your’s a common name? Perhaps they’ve hired someone of the same - or similar - name on a part-time basis and got the two of you mixed up?
These people are walking all over you. Stop being beta.
Fear Itself - the ‘sketchy’ part of the offer was the vague terms and unusually long hiring cycle. I have no doubt there was a stated salary, but what we don’t know is if there were qualifying terms that said you can make “up to” $X, the same way they sucker people into Amway or any MLM/home based business, by telling you the story of a housewife who is now a multimillionaire because she got in early at ScamCo. Indeed, it stated that the salary was for a “full time” individual, and the whole thread is about how the OP is classified as “part time” which is used to explain why she is getting screwed on salary. It reminds me of my own experience at the employer that screwed me I mentioned. At the time I applied for a job, I had a Top Secret clearance. I specifically asked “Does your company have a Top Secret contract that can continue to support my clearance?” He said “Yes”, and indeed he did. But when I got there, he said “I never said I would use you on that contract”, which lowered my clearance back to Secret, and ultimately affected my ability to command a higher salary at my next employer.
Mama Zappa - yes, it is an exaggeration to make a point. Do I get the money back at tax time? Of course I do, but I don’t like making interest free loans to the Government just because I make more money on a random paycheck due to the bonuses, which adjusts the deductions. Besides, I never would have gotten the bonuses anyway, because my douchebag boss would have inevitably told me how each new piece of work I won him didn’t qualify for his ‘bonus’ program because of whatever fill-in-the-blank reason he created. I couldn’t argue the clearance issue when I got there, because technically parking my clearance on a contract where I wasn’t working isn’t what you’re supposed to do ethically, though it is done quite often in the DoD world. Meanwhile, my boss “Mr. ethics” was more than happy to screw me in plenty of other unethical ways. The taxes never factored in because I was out of there before I won that jerk a single dollar more of work. Meanwhile, my replacement (who he did hire for the new lower salary) just lost him his main contract that made up 50% of his business to his biggest competitor and I can’t tell you how ‘heartbroken’ I was to hear that :).
I would also like to point out something that some posters seem to have missed:
Seeing a contract or employment lawyer does not automatically equate to “sue the bastards now!”
It can just be a source of information for the OP to make their decision easier/more logical.
I may be able to help you. Please email me or call me to discuss. Our office has helped other people in your situation. My name is Julie and I can be reached at 619-236-0016.
Reported as spam
Update:
Sorry for the long departure. My grandmother had a stroke and life became chaotic for a while. Things are settling down though.
Basically, I’ve decided to keep my mouth shut and just do my job. However, in what I consider a minor miracle, a position opened in the major city closest to my parents. I’m actively pursuing it, and given the small nature of my field and the dismal number of people who went into it last year (less than half of the spots in the country were filled), I’m thinking I probably have a very good shot (if not a slam dunk). I had good enough qualifications to have interviewed there in the past, but wasn’t selected for the position at that time.
I figure it’s just a sign. I wasn’t going to go through the hassle of moving/switching jobs for anything less than a perfect situation, especially since my grandmother will be moving in with my parents and I’ll be providing respite relief from time to time. But, this is basically the perfect situation. I have no idea what the salary will be, but the city is cheaper to live in and I know the area well enough to find a place in a safe suburb and commute in.
So, that’s where I am. Job is acting like nothing ever happened and pretty much leaving me alone. Once I’ve got everything set up with the new job, I’ll give then 6 mo notice and get the hell out. Good luck finding a replacement with so few people entering the field. Heh. I’m nervous about telling my roommate and few people I do like there, but the general consensus of friends and family is that I’d be a fool not to pursue this, and I agree.
Of course, the hell of it is that I’m going to have to move again. Damn it, I hate moving.
SIX MONTHS???
Um, why? You owe these scammers nothing. Why would you wait any longer than the usual 2 weeks or a month???
Oh - and good luck on the new job!!
You don’t owe anyone on Earth 6 months notice for leaving a job. For all you know, they could use that time to fuck up your rep at the new place you’re going to. Give them two weeks notice, like anywhere else. And don’t say anything at all to them until you get a written offer from the new place.
And, make sure you both agree that the new gig is a 100% appointment.
Yeah, WTF? Two weeks.
Even if you had a clause about six months notice, remember you also had a salary agreement that they aren’t living up to.
I actually thought 6mo was a little short given the difficulties they are going to have filling this position. There were actually supposed to be three of us this year, but they only got me. I’m screwing them over six ways to Sunday by leaving - they need a minimum of four people to keep the operation running and with my departure, they’ll only have three. If they can’t find someone else, a major reorganization will be needed. My departure may make it difficult for them to get funding for the position in the future actually. I guess I could cut it down to three months, but I think that’s when they’ll start planning the schedule for the upcoming year. 2-4 weeks is absolutely out of the question.
Sigh. Once the dust settles, if people are still interested, I can explain what I actually do and some more of the details. This is a very atypical job for a number of reasons. It would probably make a good “Ask the <profession>” thread.
I suppose they could try to bad mouth me to the other job, but I don’t think it’s out of the question that the new job will call them for a reference, either officially or unofficially. My primary concern when I went to apply for the new job was actually the inter-organizational politics between the two jobs- I thought there was a distinct chance that the new job wouldn’t consider me to avoid interfering with my current job. When I resign, my general plan is never to reference the salary issues, just let them know that I’m unhappy with the job and want to be closer to home (which is the truth). I’d prefer not to burn bridges if I can - I’m not a huge fan of conflict under any circumstances, really. I’m sure everyone is surprised…(dryly).
I am unable, in this forum, to explain my opinion of your concern for your current employers. All I can say is – you have absolutely no obligation to give them more than 2 weeks notice.
I will add one other thing, which may or may not be helpful in the shorter term, as they were trying to get 3 of you, but only got 1. That means they have a budget to pay you at 100% if they want to. Explain how you are burdened doing the work of 3, and that if they don’t pay you 100%, you will start looking for another job. No need to mention that your search has already started.
I’m with Boyo Jim on this one. You do not owe them six months even if there is a clause. Basically, they screwed themselves by treating you like cr*p.
I understand that, in a small field, word could get around about you’re leaving early. Word could also get around about how they treat their employees too.
Best of luck on getting the position close to home.
If you are so essential to this job, then they should have been paying you what you’re worth. Obviously, they thought that you have little value. If they had been paying you fairly, you wouldn’t have been looking for a job, right? They have effectively FORCED you out of this job. Don’t feel guilty about giving them only two weeks’ notice. That’s probably about 13.66 days’ more notice than they’d give you if they took it into their heads to fire you.
You’re letting them make a monkey of you. If you give them six months’ notice, I fully expect that you will find yourself jobless in far less time than that, and also find that your new job offer has been screwed up.
Dude, their short-handed and paying you a part-time salary? I hope that you are at least limiting yourself to 40 hours a week, since they aren’t even paying you for that.
It’s nice of you to give them long notice, but it sounds like they’re reaping what they sowed - I’m guessing you aren’t the only to discover they lie, which affects their ability to fill positions.
The minute you get the opportunity to go to work for more money/better conditions you go.
Look at this from your new employer’s point of view - they want to hire you now. If you make them wait 6 months, they will find someone else who can start ASAP if possible.
Their problem, not yours.