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  1. #1
    Join Date
    Feb 2015
    Location
    Arizona
    Posts
    1

    Default Employer Does Not Permit Former Employees to Freelance For Them

    My question involves independent contractors in the state of: Arizona

    I plan to leave the company for which I work soon. This would be a voluntary separation and no hard feelings. I'd like to contribute as a freelancer to them, but their parent organization has changed their rules wherein no one who formerly worked for the company is allowed to be an independent contractor for them. This goes so far to include people who once were (paid) interns! They believe this is so they will not run afoul of labor law, from my understanding. I can understand why they would say if you were previously laid off, we can't use you. I'm sure the Labor Department would frown on that as the company could force a salaried worker out and try to get them at a cheaper contracted rate. In my case, my separation would be my decision, and I'd just like to keep my hand in it a little and pick some extra money from time. It's something I would enjoy and be mutually beneficial, but it appears I won't be allowed to do that. (Don't even get me started on not letting former interns do it. That seems utterly crazy to me.) Is labor law so restrictive that my company has reason to keep me from doing some work for them? (Incidentally, they're pretty much the only game in town for this work.)

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Does Not Permit Former Employees to Freelance For Them

    No, it's not, not if it's done right. But it's not easy to do it right; sometimes the circumstances are such that it cannot be done right; and since there is also no labor law (or any other kind of law) that guarantees you the right to be returned to work, the company is within their rights to refuse to let you come back.

  3. #3

    Default Re: Employer Does Not Permit Former Employees to Freelance For Them

    Too many companies hire an employee back doing the same job but just paying them as an independent contractor. If the person is an employee, than they aren't an IC. You can't be both for the same job. Too messy to deal with, easier to just ban the practice entirely - safer for the company too.

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