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Question regarding unique employment status and general pre-enlistment questions.

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  • Question regarding unique employment status and general pre-enlistment questions.

    Hi there,

    For starters, I am not enlisted. I am an 'uneducated' (GED holding High School drop out with no college degree) 25 year old male who for the past several years have worked remotely for a couple companies. I do Linux server management and tech support for a web-hosting company. Now, my main question I was unable to find an answer to via Google is: I am technically a sub-contractor. I earn a weekly check from the company I work for and essentially have the freedom of choosing my own hours as they're unable by law to have me work a set schedule as I am not 'technically' an employee. It's a pretty decent job and relevant to my interest, the pay is decent and I more or less enjoy what I do.

    Since I am not technically employed, would I have the same rights as another guard member who is 'employed'? Basically, I am curious if they would be obligated to give me my weekend off per month or not. Can anyone shed light on that? This is my main concern, as I wish to join but do not wish to jeopardize my employment. One of the reasons for wishing to join the guard is to not only better myself, but also to help me go to school where I can obtain additional training in my career field so that I can become more valuable in the IT industry.

    Other questions:
    • What is the training like? I'm not really 'out of shape', but I'm not really 'in shape'. I want to be pushed, I want to get in great shape and be healthier and stronger both physically and mentally.
    • Is there firearms training? I'm already a gun owner and enjoy a day at the range. Does the national guard offer weapons training at all? If so, tell me about it.
    • Historically speaking, how often or what is the likelihood of being deployed? Aside from the requirements of one weekend per month and a 2 week spurt per year, what are the chances of being required for duty beyond that?
    • Does being deployed = cleaning up after a tornado or hurricane, or is it more being deployed to protect against civil unrest or foreign threats? Inside the US or outside?
    • What is actually accomplished in only one weekend per month?

    Thanks for taking the time to touch base on my questions. I'll check back later.

    -Godfrey

  • #2
    Re: Question regarding unique employment status and general pre-enlistment questions.

    Do you work off the books? When you wrote that you can work your own hours; it made me think that.

    If you are a legitimate employee, then you are covered.

    http://www.dol.gov/elaws/userra.htm

    http://www.dol.gov/compliance/laws/comp-userra.htm

    Read the above links

    https://www.youtube.com/channel/UCv6...smAAw8QWjOpyOA



    Enjoy the above videos.

    Comment


    • #3
      Re: Question regarding unique employment status and general pre-enlistment questions.

      Originally posted by Chief Kemosabe View Post
      Do you work off the books? When you wrote that you can work your own hours; it made me think that.

      If you are a legitimate employee, then you are covered.

      http://www.dol.gov/elaws/userra.htm

      http://www.dol.gov/compliance/laws/comp-userra.htm

      Read the above links

      https://www.youtube.com/channel/UCv6...smAAw8QWjOpyOA



      Enjoy the above videos.
      Contracting in the tech industry is quite common (and quite legally technical, and super confusing). It doesn't have to be 'under the table dealings' for him it to be both legally legitimate and not an employee of the company he is actually doing the work for -- but there are lots of way contracting can be used (and sometimes abused) by companies. For example, it's very possible that in the eyes of the law he is self-employed (ie, like he is his own business), and his work is akin to one 'company' being contracted to work for another... as his own employer he might allow himself to go train at the guard without being 'fired', but it does not mean the company he is doing the work for has to continue contracting for the services...


      Godfrey:

      That contractor/employee stuff can get very legally technical and confusing (I've went through that particular gauntlet at one point in my career), and I would seriously consider seeking professional advise from someplace that deals with tech contracting in your state, and if you are concerned about your livelihood, make extremely sure that your specific situation is indeed protected by USERRA... it can be difficult to figure out, because even the rules themselves are "fuzzy":
      http://www.law.cornell.edu/cfr/text/20/1002.44

      Even outside National Guard considerations, you may want to look closely at your employment situation..... you may be in a legit contracting situation, but it is not uncommon for unscrupulous companies to abuse the heck out of contracting. They 'contract' instead of hiring actual employees (possibly skirting if not outright violating State/Federal labor laws) because it can be very beneficial for them (at your expense). If you aren't getting paid 30-50% more than the average salary that a 'normal employee' would earn for the work/hours that you do, there's a good chance you are getting the short of of the stick as a 'contractor'.

      A good place to start might be your State's Department of Labor (or whatever entity handles that function in your state). If nothing else, you may find enough ammunition to help 'negotiate' your way into becoming an actual employee of the company you do work for. And don't let them tell you that you have to be a contractor to work remotely and set your own hours...

      Good luck!

      Comment


      • #4
        Re: Question regarding unique employment status and general pre-enlistment questions.

        Originally posted by Chief Kemosabe View Post
        Do you work off the books? When you wrote that you can work your own hours; it made me think that.

        If you are a legitimate employee, then you are covered.

        http://www.dol.gov/elaws/userra.htm

        http://www.dol.gov/compliance/laws/comp-userra.htm

        Read the above links

        https://www.youtube.com/channel/UCv6...smAAw8QWjOpyOA



        Enjoy the above videos.
        Contracting in the tech industry is quite common (also quite commonly abused by employers). It doesn't have to be 'under the table dealings' for him it to be both legitimate and not an employee of the company he is actually doing the work for -- but there are lots of way contracting can be used (and sometimes abused) by companies. For example, it's very possible that in the eyes of the law he is self-employed (ie, like he is his own business), and his work is akin to one 'company' being contracted to work for another.


        Godfrey:

        That contractor/employee stuff can get very legally technical and confusing (I've went through that particular gauntlet at one point in my career), and I would seriously consider seeking professional advise from someplace that deals with tech contracting in your state, and if you are concerned about your livelihood, make extremely sure that your specific situation is indeed protected by USERRA... it can be difficult to figure out, because even the rules themselves are "fuzzy":
        http://www.law.cornell.edu/cfr/text/20/1002.44

        Even outside National Guard considerations, you may want to talk to somebody about your situation with that company -- and possibly get that 'fixed' before counting on USERRA to be able to protect you. You may be in a legit contracting situation, but it is not uncommon for unscrupulous companies to abuse the heck out of contracting. They 'contract' instead of hiring actual employees (often skirting if not outright violating State/Federal labor laws) because it can be very beneficial for them (at the expense of the un-employees).

        A good place to start might be your State's Department of Labor (or whatever entity handles that function in your state). If nothing else, you may find enough ammunition to help 'negotiate' your way into becoming an actual employee of the company you do work for (if you aren't getting paid 30-50% more than the average salary that a 'normal employee' would earn for the job that you do, you are likely getting the short of of the stick as a 'contractor'). And don't let them tell you that you have to be a contractor to work remotely and set your own hours...

        Good luck!

        Comment


        • #5
          Re: Question regarding unique employment status and general pre-enlistment questions.

          Originally posted by dogjutsu View Post
          Contracting in the tech industry is quite common (also quite commonly abused by employers). It doesn't have to be 'under the table dealings' for him it to be both legitimate and not an employee of the company he is actually doing the work for -- but there are lots of way contracting can be used (and sometimes abused) by companies. For example, it's very possible that in the eyes of the law he is self-employed (ie, like he is his own business), and his work is akin to one 'company' being contracted to work for another.

          !
          Oh I know. I contracted in IT for many years while working in New York City from 91-96 and 98-2003. I had to contract first before being hired (given an offer) by the company. I do not know if he is W-2 or 1099 (which would make a difference based on your link) but was curious based on the nature of the post. And to be honest; yes, many are doing IT services and getting paid and not paying taxes; hence my initial question.

          Comment


          • #6
            Re: Question regarding unique employment status and general pre-enlistment questions.

            Originally posted by Chief Kemosabe View Post
            Oh I know. I contracted in IT for many years while working in New York City from 91-96 and 98-2003. I had to contract first before being hired (given an offer) by the company. I do not know if he is W-2 or 1099 (which would make a difference based on your link) but was curious based on the nature of the post. And to be honest; yes, many are doing IT services and getting paid and not paying taxes; hence my initial question.


            I spoke to my employer earlier, as I have just recently switched companies (old company got bought out, new boss wanted me to relocate, I didn't want to, so I quit). I'm a contractor now however he said he'll switch me to a 'regular' W2 employee soon. This company seems to try to do everything right and legal, whereas the old company was kinda shady. Money wasn't bad though. So, with that said, looks like I should have no issues. I even told him I have an interest in joining the guard and what it'd require and he showed no obligations too it. So that's good.

            Comment


            • #7
              Re: Question regarding unique employment status and general pre-enlistment questions.

              Did you mean no "obligation" or objection?

              The first could mean he'll keep you a 1099 so that you won't have rights under USERRA as opposed to the latter option of being a W2 employee.

              Comment

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