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Rxanadu

Complaints about a possible contractor agreement

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I'm a tad angry right now. After working on a project for free for about 3 weeks, the people I've been working with have written up a contract as a programmer for a meager amount and have the ability to terminate me without cause. 

 

The good news right now is I haven't signed it. The bad news (aside from not knowing what to do with my code if I don't accept) is I don't have anything to show for it on my resume. The real reason I even accepted to work with them was to add something to my resume to get hired for a bigger programming job in another game studio.

 

I'm not sure how to word a negotiation for a better contract, but the thing that vexes me is the contract as is describes me as a contractor, not an employee. I've never worked as a contractor before. 

 

I'm not sure if I want an answer right now. I just wanted to share this with anyone that would listen and discuss what this scenario feels like to others.

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Being able to be terminated without cause is fairly typical of labor laws in most states, whether it's in the contract or not. The advantage of having you as a contractor instead of an employee is that they aren't obligated to provide things like 401(k) and health care. It's fairly typical around here to hire someone as a contractor for 6 months, and then full-time them is they do well. It's also fairly typical to use contractors for 2-3 month projects and such. Clarifying which they intend for you is a good start. Are they employing you as an independant contractor, or are they bring a contracting company into the mix? If the latter, chatting with your rep over there might offer quite a lot of insight.

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I'm an independent contractor in this case. However, I'm also working on another project for free. I've yet to reread the contract as of late to see whether it allows for any outside projects. What's worse is if I do accept this contract, this will be my only source of income, which will only come in if they reach an Indiegogo goal. 

 

I'm not sure if I should have accepted to do these tasks. I'm the only programmer on both teams, and they're expecting a lot from me that I'm not sure I can do with the time given. The free one is even asking whether I can get a demo running for IndieMegaBooth by June 8th. 

 

I'm just not sure what to do.

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I don't know how desperate you are, but I would not accept any employment position that didn't guarantee at least a basic wage, regardless of the status of Indiegogo or Kickstarter goals. If it's really a passion for you, I'd keep one of the two game jobs as a hobby, then go get a full-time paying job somewhere else (even if it's bagging groceries.)

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I may need to do just that. I've been looking for other jobs requiring experience in Unity around where I live, but I've had little to no luck. I'll at least talk to them about a different deal. 

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Yeah, being a 'contractor' is not the problem, because the whole point of the contract is so that if things go south you or them can cut loose. Not getting paid is a rather more pressing problem, because getting paid is what makes you a professional, not experience. You deserve better than working for exposure. You can build a portfolio on your own time, and retain ownership.

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It may sound a bit harsh, but never ever work for free; barring friends, family, and friendly collaborative work. A company that is expecting you to work for free now is looking to pay as little as possible to it's employees.

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It may sound a bit harsh, but never ever work for free; barring friends, family, and friendly collaborative work. A company that is expecting you to work for free now is looking to pay as little as possible to it's employees.

 

And to be honest, they probably won't treat the person they are taking advantage of with too much respect.

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