What Is An Independent Contractor?

Essentially, an independent contractor is someone who provides services to another business as a business themselves rather than as an employee.  The IRS has very specific guidelines about who can and who cannot be considered an independent contractor.  The IRS has outlined certain Common Law rules for determining the status of a position as employee or independent contractor.

• Behavioral:  How much control does the company have over your work?  Are you required to work at their location?   Do they mandate when you work?  The more control over how the work is produced, the more likely you should be considered an employee rather than an independent contractor.
• Financial: How are you paid, by the job or by the hour?  Do you provide your own supplies?  Are your expenses reimbursed by the company?  If you are paid by the hour, you are more likely to be considered an employee.  Likewise, if the company provides all supplies and/or reimburses your expenses, you would more likely be an employee.
• Type of Relationship: Is this a short term position or will you be there indefinitely?  Do you have a written contract?  Do you receive benefits?  Those who are working indefinitely and/or receive benefits are usually employees.  If you have a contract outlining the work to be provided, pay to be received, and clear start and end dates, you’re more likely to be considered an independent contractor.

These aren’t hard and fast rules.  Each position must be determined individually.  But you can get a general idea how to determine the position’s proper status.

What Does Being an Independent Contractor Mean?

In practical terms, being an independent contractor means you have none of the benefits of being an employee.

• Taxes - you are responsible for 100% of your taxes.  The company will not withhold payroll taxes.  It is up to you to estimate the amount of taxes you’ll owe and make quarterly payments to the IRS.  If you under-withhold, you will be liable for penalties.
• Social Security and Medicare Taxes – Normally, the employer pays half of your SS and Medicare taxes.  Not if you’re an independent contractor, though.  You’ll be paying all of that cost yourself.  That will be 15.3% of your income, instead of 7.65%.  That can add up.
• No Employer Provided Benefits – Zip, zilch, nada.  You don’t qualify for health insurance, vacation, sick leave, holiday pay, or any other employer sponsored benefit.  You aren’t an employee, so you don’t qualify.
• No Unemployment or Workers Compensation – When the job is over, it’s over.  You don’t qualify for Unemployment Insurance.  You also don’t qualify for Worker’s Compensation if you get hurt on the job, unless you carry some insurance yourself, at your own cost, of course.
• No Labor Law Protections – the laws on the books designed to protect the rights of employees, such as the Fair Labor Standards Act, don’t apply.

What To Do If You’ve Been Misclassified

If you think you’ve been misclassified as an independent contractor, you can ask the IRS to make a determination.  File Form SS-8.  Understand, though, that this form is not anonymous.  A copy is sent to your employer in order to get more detailed information about the position so the IRS can make a determination.  Also, there is no law on the books that forbids retaliation for filing an SS-8, so it’s a risky business.  At the moment I’m being threatened with a lawsuit for breach of contract by a former employer that lost when I filed an SS-8.  Not that they’ll win, but they’ll certainly try.

Your best bet, don’t take a job as an independent contractor unless you truly do want to go into business for yourself.  And then be sure that you’ll be your own boss in any contract you accept.  Learn from my mistake, go into the whole thing with your eyes open.

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• Employee or Independent Contractor
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Copyright: Administrative Arts

Employee or Independent Contractor

Can I Get COBRA if I’ve Been Fired?

This is a question I hear a lot.  And the answer is, “It depends.”  According to COBRA law, the terminated employee has a right to coverage under COBRA as long as the termination wasn’t for “gross misconduct”.  Unfortunately, the law doesn’t define “gross misconduct”.  The Employee Benefits Legal Blog has a very good post on this very important topic.  If you have doubts as to whether your conduct rises to “gross misconduct”, give it a read.

Either way, though, your former employer must notify you of your COBRA eligibility.  If they are claiming you are not eligible due to gross misconduct, they must inform you of that as well.

What Happens if My Company Cancels My Plan?

If your company has  more than 20 employees, they are legally obligated to offer you coverage under COBRA.  The only exception, besides the aforementioned gross misconduct, is if they cancel all group coverage for their employees.  So, if they cancel your particular plan, but are still offering a different plan to employees, you have a right to buy coverage under that plan.  Only if they cancel all group insurance coverage do you lose your coverage under COBRA.

What If I Don’t Pay Within 45 Days?

While employers are required to give a 30 day grace period for subsequent COBRA payments due, the 45 day deadline after election of benefits is a hard deadline.  There is no grace period.  So if you don’t pay your first premium, retroactive to the beginning of COBRA eligibility, within 45 days of mailing your election form, then you will lose all rights to COBRA coverage.

Employers are not required to send you notices of payments due for COBRA payments, so be sure to keep track of your due dates.

Any Other Questions?

Anyone else out there have questions about COBRA coverage?  Leave your questions in the comments, and I’ll try to answer them.  What I don’t know, I can usually find an answer for fairly quickly.Similar Posts:

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Copyright: Administrative Arts

More COBRA Questions

This post is a continuation of my So You’ve Been Laid Off series.

So, your killer resume has resulted in the interview.  Now it’s make or break time.  Nothing else matters.  When you walk in the door for an interview you are starting off at zero.  The only thing that matters to that employer now is how you come off in the interview.

First Impressions

Remember, you can never make a new first impression.  If you mess this up, you’ll be in for an uphill battle for the rest of the interview.

• Dress for Success – Always, always, always dress up for an interview.  If you have one, wear a suit, but whatever you wear your clothes should be clean, pressed, and well fitting.  Women should wear stockings; men should wear ties.  Hair should be clean and neatly groomed (as should facial hair, gentlemen, so trim those mustaches and beards).  Makeup should be subtle and not overdone, and the same goes for perfume.  Even if the company has a casual dress code, you should dress up.  I interviewed at a software company that had a casual dress code, but as usual I wore my nice suit for the interview.  Later, after I was hired, my boss gave me his interview file to send letters to those who weren’t selected.  He had commented on every one’s dress.  Mine was “neat and professional, appropriate dress”.  Others were not so complimentary, including comments of “too casual for interview”.  Remember, dress counts!
• Give a Firm Handshake – Practice your handshake.  Find a friend to help you out and practice.  No one likes a limp handshake, but at the same time, we don’t like our fingers squeezed in a vice.  A firm handshake denotes confidence.
• Make Eye Contact – When you greet someone, always make eye contact.  Again, practice this with a friend.  If you are uncomfortable making eye contact, practice looking at the bridge of the person’s nose.  It looks like you’re making eye contact even if you aren’t.  People automatically tend to distrust those who don’t make eye contact, so this is an important first impression.

Preparation

Interview Questions

Wow…I could write several posts just on this topic.  Instead, I’m going to give you some links to sites with good tips for answering interview questions.  The most important thing is to prepare your answers in advance and, again, practice, practice, practice.

• CNN – How to answer 10 tough interview questions
• Career Builder – How to Answer These Tricky Interview Question
• USA Today – Common Interview Questions

Research

Take the time to look up the company you are interviewing with on the internet.  Find out what they do and how they do it as well as any struggles they appear to be having.  Be able to answer not only what you know about the company, but why you want to work for them in particular.

Practice

There’s that word again.  Practice.  The more you practice interviewing, the more confident you will be in the interview.  And you know what the best practice for interviewing is?  Interviews!  Even if you don’t want a particular job, go to the interview anyway.  Real world practice is the best way to hone your interview skills.  You don’t have to take the job if it’s offered, you just want the interview practice.

Another way to get practice is to get an interviewing buddy.  Find a friend who is also job hunting, and practice interviewing together.  Switch back and forth between interviewer and interviewee, and critique each others performances.  Acting as interviewer will give you insight into what your potential interviewers will see and be looking for.

If you have a video camera, get someone to video you in a practice interview so you can critique yourself.  You’ll want to watch your facial expressions especially, as well as any nervous habits you may have so you know how they come across to a potential interviewer.

One Last Resource

I found the book Interviews for Dummies to be hugely helpful in learning some crucial interviewing skills.  It helps not only in preparing for your interview, but also has some great tips for negotiating salaries.  If you can find a copy, I highly recommend reading it.

Remember, the interview is your very last chance to impress a potential employer.  Don’t blow it through lack of practice!

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Copyright: Administrative Arts

Interviewing Skills: Turning an Interview into a Job

“What have you been doing with your time off?”

I was surprised, after I was laid off earlier in the year, to get this question during an interview.  And even more surprised when I it happened on almost every interview I went on.   It caught me by surprise the first time, but I made sure the next time that I had an answer for them.  What they want to know is that you can use your time productively when you aren’t under direct supervision.  I have formulated several answers to this question, all of which seem to go over well.

Job Hunting

My first response is always, “You mean besides looking for a job?”  And then I talk about some of my job hunting strategies.  I outline my goal and how I’ve been working toward that goal: revamping my resume to allow my skills to stand out, networking, reviewing ads, targetting resume and cover letter to ads, reviewing company websites to prepare for interviews and/or target cover letters.  Most agree that  job hunting, if done right, can be a full time job in itself.  This answer helps highlight my ability to set goals and work to achieve them, as well as my organizational skills.

Learning New Skills

Your time off is a great time to brush up on your skills, and it shows that you care about your professional development.  What is a skill you think you’re weak on?  Work on that skill and you not only help fluff up your resume, but you also have a great answer for how you used your time off productively.  “I’ve been working on improving my report writing skills in Access.  I have a great deal of experience designing and setting up access databases, but wanted to improve my ability to pull data to meet specific needs.”  See?  I added a positive in there (my Access experience) along with the fact that I’m building on that experience.

Volunteering

Many companies these days encourage their employees to give back to the community.  Volunteering your time at a local non-profit while you’re off not only shows that you like to keep busy, but that you care about the community around you.  This is an attractive trait to many companies.

Make Sure Your Answer is Productive

Regardless of how you answer the question of how you’ve used your time off, make sure your answer is productive.  Find an answer that illustrates the traits you can bring to that particular job.  What does the interviewer say they’re looking for?  Whatever it is, tailor your answer to their needs.  Having several answers ready to go depending on circumstances can make your interview much stronger.Similar Posts:

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Copyright: Administrative Arts

What Have You Been Doing With Your Time Off

What Is COBRA?

COBRA (named for the Consolidated Omnibus Budget Reconciliation Act which governs it’s administration) is the system to retain your group health insurance after you leave a company.  You always have COBRA rights regardless of why you were dismissed except in certain instances of gross misdemeanor (such as stealing), but few companies will try to enforce that since it requires a heavy burden of proof on the part of the company.  So, even if you are fired, you still qualify for COBRA.  The only circumstances where a company does not have to offer you benefits (other than the aforementioned gross misdemeanor) is if the company cancels all health coverage for all employees.

How Does COBRA Work?

Under COBRA, a company must allow you the option to continue your insurance at your own cost at no more than 102% of the cost they pay for the coverage (so no more than a 2% markup to cover administration costs).  The company must notify you of your COBRA rights within 44 days of the event that qualifies you for COBRA (being laid off, fired, on maternity leave, etc.).  You then have 60 days to respond with your election to receive COBRA benefits.  On their COBRA notification form to you, they must provide the actual date you must respond by.  If they don’t provide that date, they are not in compliance with the law.  Your election must be postmarked no later than that date.  After you make your election, you then have 45 days to make payment for all premiums up to that point.

How to Manipulate the System

If you have chronic health problems or require regular medications, and you have the money, you may want to just go ahead and elect your COBRA coverage.  However, if you’re fairly healthy and you don’t think you’ll actually need coverage, you can put off making your decision for a while.

As I said above, you have 60 days to respond to your COBRA notification letter.  You can wait until the last day, and mail you election form on that date (make sure it’s mailed early enough in the day to have that day postmarked).  You then have 45 days to make your payments up to that point and coverage is retroactive to the end of your previous coverage.

If, in that time period, you don’t have any events that need coverage, then you can just let it go if you don’t want to pay for the coverage (or can’t afford to).  If the company doesn’t receive your COBRA payment, then they’ll just not enroll you in coverage.  However, if you have an event in the 105 day window (60 days notification and 45 for payment), then you can still be covered.  So, if you have a car accident on day 100 and end up in the hospital for a day or two, just make sure you pay your premiums by day 105.  You just tell the hospital that you have COBRA coverage pending, and they will usually hold charges pending your insurance information.  This way you don’t have to actually pay for coverage of those 3.5 months unless it turns out you actually need it.

Pre-Existing Condition Coverage

Of course, if you have the funds to cover your COBRA, I do highly recommend that you take it, especially if you have pre-existing conditions.  The law says that group insurance can only charge a pre-existing condition penalty for up to 12 months prior to the start of your coverage, but they have to credit you with any insurance coverage you had prior to that date that has no more than a 62 day break in coverage.  So, if you were at your job and had group health coverage for a year or more, you would not be hit with the pre-existing condition clause on your new insurance if you didn’t have more than a 2 month break in coverage.  So, if you have a pre-existing condition, and you don’t find a new job and get new coverage within the 62 day window, it might behoove you to elect COBRA coverage if you can afford it.

Other Alternatives

Remember, you might be able to get private health insurance cheaper than you can get COBRA.  Always check with a local insurance agent to see if they can get a policy for you cheaper than COBRA.  If you’re like me and have several chronic health conditions, that isn’t going to be possible.  But if you’re young and healthy, you can get a fairly decent private policy much cheaper than your COBRA would cost.  It never hurts to try anyway.

Disclaimer

I am not an attorney or an insurance agent.  This information is provided without warranty or guarantee.   While I have tried to provide accurate information to the best of my knowledge, do not make your decisions solely on what I say.  Check on-line (there are many sites covering COBRA coverage) and make sure you have the full information before making a decision.

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Copyright: Administrative Arts

COBRA – Tips for Manipulating the System Legally

Friends, Family, & Coworkers

Seriously, some of your best opportunities may come from folks you already know.  Send out an e-mail to everyone you know.  Make a list of all your family, friends, coworkers, former-coworkers, former bosses, neighbors, people you’ve volunteered or sat on a committee with, people you’ve met at the dog park–well–you get my meaning.  Send each e-mail individually and personalize each one.  That doesn’t mean you can’t cut and paste the bulk of the message, but people will be more likely to respond if the message seems personal.  Let them know you’re out of work and what you’re looking for.

As you move through your days, mention your job search to everyone you talk to.  Don’t belabor the point, but just mention that you’re looking for work and ask them to let you know if they hear of anything coming up.  You’d be surprised how often a casual conversation can lead to something.  I got a job once early in my career by chatting with someone in the grocery line.  Turned out she was leaving her job and her boss needed to hire a new assistant.  She put in a good word for me, and I got the job.

Clubs and Organizations

This isn’t the time to retire from public life.  Attend every club and organization meeting you know of and don’t forget to mingle, mingle, mingle while you’re there, mentioning in passing, of course, that you’re looking for work.  Now, if you’re like me and a very far cry from a social butterfly, this can seem quite daunting.  But it can help you get your foot in doors that you might not otherwise.

Online Networking

These days, as much networking can be done on-line as face to face.  More sometimes.  The advent of Social Media has revolutionized the way people Network.  There are a number of social networking sites out there.  Here are some of the ones I recommend:

• LinkedIn — LinkedIn is a great professional networking tool. Find other people you know on LinkedIn, and add them to your network. You can request references, join groups, and generally get your name out for people to see.
• Twitter – Twitter can also be an awesome networking tool.  Once you join, be sure and fill out your profile and bio, and then start looking for people to follow.  I recommend twellow.com for finding people to follow.  Follow people in your locality, in your industry, who have similar hobbies and beliefs, whatever you enjoy.  And then start interacting.  Reply to what others say, share what you’re reading on the web, get to know people.  And here and there, maybe once a day, mention that you’re looking for work.  Link your resume.  You’d be surprised how far things can get retweeted.  You can add me if you want.  I’m Jodith on Twitter.
• FaceBook — I’m not a huge FaceBook fan, but I know many, many people who love FaceBook as much as I do Twitter.  Again, once you join, look for people you know to friend.  Through them, friend others.  Friend people in your area and/or your industry.  Link your resume. 

Remember, whatever social networking platforms you choose, be sure to stay active.  You need to build relationships and get to know people.

On-line Job Boards

While you’re on-line, don’t forget to submit your resume to job boards like Monster and Career Builder.  It may not help, but it sure can’t hurt.  It never did anything for me before when job hunting–until this job.  I got a call out of the blue from a headhunter who found my resume on Career Builder.  So you really never can tell where your next job will come from.

Have a Good Support Network

Outside of the job hunt, it’s nice to have a good support network as well.  It’s a hard time when you’ve been laid off.  Even if you know intellectually that it wasn’t your fault, it’s still easy to doubt yourself.  Find a good support network of others in the same situation.  Help each other out and just have people you can talk to who are going through the same thing.  It can really help keep your spirits up while you look for work.Similar Posts:

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Copyright: Administrative Arts

Networking for a New Job

Office/Administrative Support Personnel Being Hit Hard

According to The Conference Board’s January statistics, Office/Administrative Support personnel have the 2nd highest unemployment rate (behind Sales), and the 2nd highest drop in the number of new job ads since January ’08 (behind management).

So, if you were wondering if it’s just you, don’t worry, it’s not.  Our occupation is being hit particularly hard by this recession.  I always sort of considered this field as at least somewhat recession proof.  I guess I’ve been proved entirely wrong.

What Does This Mean For Us?

These statistics mean that there is going to be even more competition for fewer jobs than we even thought.  You may need to look in more unconventional places for work rather than just the job ads.  In my next post in this series, I’ll look at some of the other areas of job search possibilities.Similar Posts:

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Copyright: Administrative Arts

Job Outlook bad for Office Personnel

I’ve recommended it before, and I’ll recommend it again.  Regina Pontow’s book, Proven Resumes, is awesome.  I’m not affiliated with Ms. Pontow or her book in any way.  It was recommended to me a number of years ago as the best book for developing a resume that will get you interviews, and I must agree with that assessment.  She takes you step by step through the process of creating a functional resume and tailoring your resume for the job you want.  I’ve found my resumes sent to interviews gained ratio vastly improved after I used her book to revamp my resume.

What is a Functional Resume?

Traditionally, resumes have been formatted to list each job in a chronological order, with a list of duties associated with that job.  A functional resume turns that around.  It lists your experience and skills based on function so that you highlight what you’ve done and know up front, and potential employers don’t have to read the whole resume word for word to tell if you have the requirements they want.

What Does a Functional Resume Look Like?

I’ve uploaded one of my resumes here (it’s a MS Word file, so you’ll need Word or a viewer to open it).  If you look at it, you’ll see that I have my vital experience listed by category of work:  Executive Support, Document Preperation, Software Skills, Event Planning, etc.  Under each of those categories, I have details of the work I’ve done in those areas.

When a potential employer looks at this resume, he can immediately see that I have the experience he’s looking for if I’ve formatted my resume well.  He doesn’t have to wade through a list of employers and job titles to find my relevant experience.

The Real Beauty of the Functional Resume

A functional resume can be easily and quickly adapted for a particular job.  In addition to the categories you can see on the resume I linked, I have other categories saved in a document that I can cut and paste into the resume as needed.  These include Technical Support, Medical Support, Graphic Design, and Website Production.  This way, I can tailor each resume for the specific job I’m applying to.  I can also move sections around so that the items meeting particular job requirements are closer to the top of the page than ones not specified.  I actually have four different resumes saved which target different types of jobs.

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First Impressions

Remember, your resume is the very first impression  you give a potential employer.  Check if over with a fine tooth comb.  Make sure your spelling is perfect.  Don’t trust spellcheck alone. It can miss things.  Ideally have someone else proof it for you (see my previous post on proofreading for some tips).  Check that all your fonts are matching, that your margins all match, and that everything looks very professional.  If your resume is more than one page, make sure your name is on each page.

One last note, don’t worry about using fancy paper and envelopes to make your resume stand out.  Odds are, a secretary or clerk is going to get your resume, photocopy it for the person doing the hiring, and put the original in the HR files.  All colored and patterned paper does is make it more difficult to photocopy clearly, which can be a strike against you.  I know all those resume sites recommend standing out with color or fancy paper, but my experience as an admin says the boss isn’t likely to see it.

Don’t wait to apply for jobs until you have a perfect resume, but definitely start revamping that resume so you can start using it as soon as possible.Similar Posts:

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Copyright: Administrative Arts

Pumping Up Your Resume

Apply for Benefits Immediately

Don’t wait to apply for unemployment benefits.  Even if you received a severence package that will cover you for a while, go ahead and make your application.  That way, when your severence runs out, your benefits are ready to go with no waiting time.  Check to see if you can apply on-line.  Many states now allow you to apply for unemployment benefits without even going into their office.

Even if you were fired, still apply for unemployment benefits.  In some states, the employer must provide a high level of proof that you were fired for cause.  If you are denied, then appeal.  It doesn’t cost you anything, and it may make a huge difference in how well you come out of the situation.  Let’s face it, there are unscrupulous employers out there who will make up reasons to fire you so they don’t have to pay for your unemployment benefits.  Don’t let them win!

Also, apply for any social services that you may need.  Talk to your state welfare offices about food stamps and housing assistance.  You’ll need your layoff letter to prove you aren’t working.  I know many people feel strange about asking for assistance, but that’s what it’s there for.  Don’t let your pride stand in the way of helping your family.  At the very least, check to see if you’ll qualify.  You may not need it right away, but you may eventually  if you don’t find work soon.  Better to have all the information at your fingertips to be able to make decisions.

Get That Resume Updated

I’ll go more specifically into resumes later this week, but for now, let’s just get your existing resume updated and ready to go.  Add the details of your last job, update all dates, and make sure your address, phone numbers and e-mail are still current.  Get a resume ready to send out to jobs that come up while you’re working at revamping and upgrading your resume.

Ask for a Letter of Recommendation

Always ask your employer for a letter of recommendation or if you can use them as a reference.  If they say no, it’s no skin off your nose, but if they say yes, it’s to your benefit.

Double Check All Your References

You’ll want to make sure that all of your current references are still — well — current.  Call each personally and let them know you’re looking for work and verifying that their contact information is up to date.  If you’re unsure how some of your references may be replying, get a friend to call and pretend to be an employer and find out what former employers might be saying.  That way, you can weed possible problems out of your list.

Take Some Time for You

These tips will get you through the first couple of days of being laid off.  But while you’re running around doing these things, take some time for you as well.  Like I said at the beginning of this post, being laid off is a real kick in the gut.  It doesn’t matter how good you were at your job, getting laid off will make you doubt yourself.  Take a bit of space to just deal with your emotions.  It’s alright to be sad.  Let yourself grieve a bit for what was lost.  It’s also OK to be angry.  Lock yourself away where no one can hear you and scream and cry and yell all you want.  Get it out of your system so it doesn’t fester.  Dwelling on it has a tendency to make you bitter, and you don’t want that coming out in interviews later.  Get it out of your system and let it go.

Share Your Experiences

I’ve already heard from a couple of my readers that they’ve been laid off lately.  Share your experiences with each other here.  We can be a sounding board and support for one another as we travel through this very uncertain economy.  Leave a comment, and I promise to answer each and every one of you.Similar Posts:

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Copyright: Administrative Arts

So You’ve Been Laid Off