Re: Looking for Contacts -- CONSULT400

It you a re talking about contacts to get a permanent or consulting engagement

1) Contact every company you have every worked for permanently or temporary for work as a direct permanent or direct consulting engagement. 2) Use your networking with peers to help find things listed in (1) above 3) Agencies are good to use to help find permanent work. Be sure to only work with agencies that matches people with your profile. If you are worth $150K/year, then do not use an agency that normally matches for people in the $40K/year range. 4) Do not count on a temporary agency to find something for you. 4A) There are many unethical one out there today. Two people from India might build then they have 50 people on contracts and slowly get alter and later paying. One day they don't answer the phone since they skipped back to India with an average of $10K from each of the 50 on contract. 4B) Finding contract on your own is good today since many customers see only resumes of totally unqualified novices submitted by temporary agencies. Agencies have discovered they can take 70 percent from a "slave" when the billing rate if $50/hour. They can only take 20 percent from an "expert" billed out at $100/hour.

Customers of IT temporary agencies are getting worried and are asking questions. I am not a lawyer and only a qualified lawyer can express how the below cases apply. Here are a few of the cases customers are becoming worried about (these are snapshots and there are often many facts not listed).

Decision said customer rather than the agency was responsibility to pay tax: Rho v. Washington Department of Revenue, 782 P.2d 986. Supreme Court of Washington State decided customer was employer of worker and agency was a bookkeeper. Customer performed worker's hiring and termination decisions (because they read the worker's resume before making decisions. The fact that Rho claimed to be the employer in contracts they had customer sign and claimed to be the employer in contracts they had worker sign had no value in identifying employer. Rho had failed to pay taxes Washington state was attempting to collect..

General Motors v. US, 91-1 U.S. Tax Cases; GM had to pay $Millions in Federal withholding and FICA taxes agency failed to pay.

Secretary of Labor v. Manpower, 1977 WL 6891 concluded the customer was employer of provided workers for OSHA purpose. Manpower claimed that it was an extension of the customer's personnel department and not the employer.

For equal pay, fair employment and discrimination customer is joint employer of provided worker (almost always the sole employer in such cases), Amarnare v. Merrill Lynch, 611 F.Supp 344. Kellam v. Snelling Personnel 866 F.Supp 813 workers rented out are not agency employees counted for Title VII (that is, the 150 workers contract workers are not counted to see if the number of employees for EEOC is met when 1 of 5 office workers is rapped by the owner since it takes 15 workers to be EEOC covered and the 150 on contract are not counted per Kellam),. Williams v. Caruso, 966 F.Supp 287: Agency is not employer of workers they provided. Currently customer liable for EEOC, equal pay, etc.

Black v. Employee Solutions, 725 N.E.2d 138; Per this case the name on the payroll check nor the name on the issued W-2 do not establish an employee's employer and temporary agency did not have duty to pay worker when customer hadn't provided (paid) funds to agency to pay workers with. The agency is just a bookkeeper of the customer's funds and is not liable to pay worker when customer fails to pay.

IRS Section 414(n) requires an agency provided workers to be covered by the customer's retirement if hours worked in a year by an agency provided worker exceeds a point. Note well: Customer can write retirement eligibility rules, see Abraham V. Exxon, 85 F.3d 112.

Based on benefits issues, see several Microsoft / Vizcaino cases including 522 US 1098.

In the past week 60 workers assigned by one agency to oil refineries, nuclear power plantsand to driving a tanker truck filled with chemicals useful to terrorists were discovered to be illegals. Newspapers are not pointing to the agency. The newspaper only uses the name of the customers where the 60 worked. Every customer needs to be I-9 checking workers provided by agencies.

Prior to the 1930s no one paid to be matched with a job. Most/all states have the laws on the books that permitted a fee to be charged for for a job and the laws controls the maximum fees.. A common maximum fee is 20 percent. Customers are becoming worried about agencies that charge like the above 75 percent example.

dan.dehner@xxxxxxxxxxx wrote:

I am a consultant based in Southern California with over 25 years experience with IBM midrange systems. Through programming, system analysis and project management positions I have developed a strong background in financial, manufacturing and distribution applications across a broad spectrum of industries.

I am currently wrapping up a long-term contract and find that my prior contacts are no longer working in the field. Any suggestions on developing new contacts would be greatly appreciated.
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