Contract Worker Says “No Fair” - Employment Law Says “Who Cares?”

Dear J.T. & Dale: For the past four years I was a subcontractor helping to manage a plant. I worked around the clock, sometimes six days a week. I was having an ugly unemployment battle with a disgruntled ex-employee who had his mother and wife call and make false allegations. Since then I have been banned from the plant property, and I lost a job because I’m not allowed to return to the premises. Does a citizen have any workers’ rights? Should I seek legal counsel? — Pete

Dale: I took your question to one of the brightest employment attorneys I’ve met, Scott Gordon (of the Rodey Law Firm in Albuquerque, N.M.), who pointed out that one reason companies hire subcontractors rather than employees is that “it’s easier to conclude a contract than an employment relationship.” When I expressed sympathy for Pete having gotten a lousy deal, Gordon added, with a sigh, “The law doesn’t always protect against boors, jerks or poor management.”

J.T.: The longer you wait to move on and find new employment, Pete, the harder it will be to get hired. Not only will your frustration increase and show in your interviews, but potential employers will wonder why you haven’t gotten back to work. So, why not get back in the game and move past this? Then, once you are settled in a new job and feeling good again, you could consider whether legal action still should be pursued.

Dale: With one caveat: Attorney Gordon noted that there are time limits on certain workplace claims, some as short as 180 days. However, I still agree with J.T.’s strategy, because I expect that you’ll quickly decide it’s better to look forward with optimism than look back in anger.


Jeanine “J.T.” Tanner O’Donnell is a professional development specialist and founder of the consulting firm jtodonnell.com. Dale Dauten’s latest book is “(Great) Employees Only: How Gifted Bosses Hire and De-Hire Their Way to Success” (John Wiley & Sons). Please visit them at jtanddale.com, where you can send questions via e-mail, or write to them in care of King Features Syndicate, 300 W. 57th St, 15th Floor, New York, NY 10019.

© 2008 by King Features

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