Pc, Computer, Electronics, Laptop, Person, Computer Keyboard, Hardware, Keyboard, Computer Hardware

It began with an engagement manager questioning why an independent contractor on his team did not attend a meeting. The IC clarified that his contract neither specifies hours nor includes daily meetings and stated he would not comply with a demand that he attend going forward. He was willing to walk away or be fired.

This IC’s experience with a client that demanded he deliver beyond the scope of his contract went viral recently on Twitter. But as an editor at SIA, my thoughts turned to the costs to the client and to the contingent workforce managers who often administer the IC program at enterprise organizations. Situations like the one detailed by Twitter user @BirdRespecter could prove to be major headaches — if not costly — for the enterprise organization.

What happened here was the client ultimately lost the worker — who was a week away from completing a “site installation.” While the client did not in fact have the authority to terminate the contract, subsequent exchanges led to the worker walking away from the relationship.

Beyond the immediate and obvious costs to the client in terms of a project thrown into turmoil, there is the danger of managers like this one pushing engagements into the realm of IC misclassification (exerting control over a worker is a significant factor in such determinations). Then, there’s employer branding.

Control. There are a number of tests that may apply to the relationship between a business and a contingent workforce. The applicable test varies based on government agency, relevant statute and jurisdiction, but a primary factor in nearly every test is the company’s right to control the worker’s conduct, according to Eric H. Rumbaugh, a partner with Michael Best and Friedrich LLP. However, he points out that this particular scenario is unlikely to lead to misclassification concerns. “Requiring a worker to attend a meeting, by itself, would unlikely have any weight in converting a contractor to an employee – independent contractors and employees both have meetings and both have necessary meetings.”

Branding. While the contractor did not name the client nor the agency through which he worked, he easily could have, and other similarly situated independent contractors could turn down future work with the client given the demands made. Having your company blasted on social media can do lasting damage to its reputation and remove it from consideration as an employer of choice for top candidates.

Companies are accustomed to paying attention to social media from a consumer experience aspect, but in terms of the employer brand, it’s still not being addressed well, says Dawn McCartney, SIA’s VP, Contingent Workforce Strategies Council. Employment is becoming far-flung as the pandemic pushed employers to accept remote work. “Where you might have known people working for an employer in your city, now, if you’re considering an employer across the country or globe, you’re going to look to social media to learn about the employee experience.” With the current talent crisis, especially, companies simply can’t afford not to address complaints that emerge.

Educate. While the company involved in the viral Twitter thread presumably avoided the long-term damage it could have suffered, it still was left scrambling to get its installation project completed. And this could have been avoided easily, had the engagement manager been educated on what they could and could not require of the worker. As the IC said in one response to the manager: “You guys really ought to read the contracts you make us sign sometime. Pretty wild stuff in there.”

As the talent crisis deepens, the power lies with the worker. SIA knows from its annual Workforce Solutions Buyer Survey that enterprise organizations plan to expand on their use of independent contractors over the next few years. Further, many are developing their own direct-sourcing programs, which puts more of the responsibility for relationship management on the program. Increased use of ICs means more engagement managers interacting with them, and perhaps setting expectations they’ve no right to set.

When engaging ICs, learn what the do’s and don’ts are and make sure your engagement knows them as well. Then, of course, there’s business 101: Read your hiring contracts.

Read more >


Person, Text, Face, Id Cards, Document, Paper, Crowd
Meet Drew Golin, Chief Executive Officer - Shiftfillers

Shiftfillers' CEO has one of those journeys that inspire us to success.  Drew Golin has exemplified servant leadership throughout his life, starting with his education at Temple University in Philadelphia....

Read more >
Person, Face, Crowd, Female, Blonde, Teen, Kid, Girl, Woman, Text
Meet Rod Smyth, President - Shiftfillers

Innovation runs in the blood of Shiftfillers' President. Born and raised in Dublin, Ireland, Roderick Smyth consistently lives up to his famous compatriot Oscar Wilde's saying that "true progress is...

Read more >
Blonde, Person, Female, Woman, Teen, Girl, Face, Text, Smile, Hair
Meet Karen Febus, Chief Operating Officer - Shiftfillers

Whether it’s running a race or running a successful business, the Shiftfillers' COO knows how to reach goals like no other. Avid runner Karen Febus studied business and finance at...

Read more >

Current opportunities to join us

Light Production Start 12 hour 7 pm start $17.50 hourly Same day pay Sealed Air Louisville Louisville_KY Staffing Contracts MN60506520May Louisville Kentucky United States Louisville, Kentucky, United States Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...
Shipper Start 3rd shift $18.25 hourly Same day pay Sealed Air Louisville Louisville_KY Staffing Contracts MN989084520May Louisville Kentucky United States Louisville, Kentucky, United States Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...
Shipper Start 1st shift $16.50 hourly Same day pay Sealed Air Louisville Louisville_KY Staffing Contracts MN531510520May Louisville Kentucky United States Louisville, Kentucky, United States Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...
Shipper Start 2nd shift $18.50 hourly Same day pay Sealed Air Louisville Louisville_KY Staffing Contracts MN326589520May Louisville Kentucky United States Louisville, Kentucky, United States Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...
Material Handlers Start 1st shift $16.50 hourly Same day pay Sealed Air Louisville Louisville_KY Staffing Contracts MN319662520May Louisville Kentucky United States Louisville, Kentucky, United States Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...
Material Handlers Start 2nd shift $18.50 hourly Same day pay Sealed Air Louisville Louisville_KY Staffing Contracts MN106206520May Louisville Kentucky United States Louisville, Kentucky, United States Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...
Material Handlers Start 3rd shift $18.25 hourly Same day pay Sealed Air Louisville Louisville_KY Staffing Contracts MN56241520May Louisville Kentucky United States Louisville, Kentucky, United States Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...
Warehouse General Labor Associate Start 8:00 a.m. $17.00 hourly Same day pay PPG Greenville Greenville_SC Staffing Contracts MN363151517May Greenville South Carolina United States 101 Milledge Rd, Greenville, South Carolina, United States, 29605 Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...
Warehouse General Labor Associate Start 2:00 p.m. $18.00 hourly Same day pay DSV Bar Harbor Fontana_CA Staffing Contracts RR353172218May Fontana California United States Fontana, California, United States Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...
Standup Forklift Operator Start 2:00 p.m. $19.00 hourly Same day pay DSV Bar Harbor Fontana_CA Staffing Contracts RR830352218May Fontana California United States Fontana, California, United States Join Shiftfillers and become part of the dedicated team that gets products and orders ready for our client’s customers. You will be processing, preparing, picking, packing and shipping customer orders. If you like a fast-paced, physical position t...