Wednesday, August 10, 2011

Wild, Wild, Contracting

If I contract with you for my specialty, editing medical documents translated from various languages into English, do you have a right to your privacy, including that I not tell someone that you are a contractor for which I do work? My answer is yes, but I am publishing this question because of a recently discovered instance in which the answer is different. Feedback on your experience will be appreciated.

Out of simple curiosity, I recently applied to Lionbridge for the position Internet Search Consultant (US). I received a confirmation e-mail and set up an account to check the status of my application. Shortly thereafter I received a Request for More Information that included the following:

            Employment History

            -  Please ensure that your full employment history is entered in the application
               form, including any periods when you were unemployed/travelling [sic] etc.
            -  Please check that the dates are correctly entered and that you have included
               the location you resided during your time of unemployment/travelling if applicable.
            -  We must have at least five years of data included before we can proceed with
               your application.

Reading this and other corresponding parts of the e-mail, I thought that Lionbridge was asking me to confirm that the information as they had entered it in my account was correct, so I did so. Next I received this e-mail:
Hi Elton,

Thanks for your mail.

After looking at your form again this morning, it appears that there is still some information missing.  We need a full five year record of your employment, including any periods of unemployment.  Can we ask that you update this ASAP, as we will then be able to process your form to the next stage.

Regards,

John
My reply:
John,

I was employed by McElroy from November 1, 1991, to February 6, 2010. Since then I have been a contractor, not an employee, although I have done no contract work for McElroy. Did I take the question about employment too literally?
Ray Collins
and the Lionbridge Recruitment Team responds:
HI Ray,

Thanks for this mail.

As mentioned previously we need to have a full five year account of your employment, including any periods of unemployment, contractual work you have undertaken.  We need your form to show this for the last five years.

Can we ask that you update your form accordingly with this information.

Regards,

Recruitment Team
My response:
Sorry, but who I contract for is private information. I will only confirm that I do not contract for McElroy.
I understand that there are instances in which I am required to reveal a contractor's identity to the IRS, for a government security clearance, or to declare that I have no conflict of interest. I suppose the last is Lionbridge's position, but I don't agree with it. Once again, what would you do?

Finally, if anyone knows what a Internet Search Consultant (US) does for Lionbridge, I am still curious.




1 comment:

Jim Adcock said...

If you were contracting as a 1099 "employee", technically, you can say you are self-employed. Specifically, if you are paying your own Social Security and Medicare (the self-employment tax) on your 1040, you are your own employer (hence the "self-employment" part of the self-employment tax). You don't have to reveal who your clients were, just your employer - YOU!

If your employer paid your FICA, etc, your employment with them is (in a technical sense) a matter of (semi-)public record (filed with the IRS), and, really, IMHO there is no cause to shield your employer.

That said, I guess it all depends on how badly you want the job. Jump through the hoops, or not?

My personal experience was a bit different, but perhaps could shed some light. Or maybe just amuse and entertain.

I took a short-term contracting position through a contracting company. I signed an NDA with the contracting company that I wouldn't disclose their clients' information. Their client was a consulting firm, who needed a short-term bridge between their old consultant and their new one. They made me sign an NDA covering them and their clients. Their client (a property management firm) made me sign the most astounding NDA I have ever seen, covering them and their clients.

On my resume, I listed the job as being at the contracting firm, with the client listed as "Confidential".

This worked fine until the property management company brought me in to interview a year later to work for them directly. They asked me in the interview about the "Confidential client" and I was finally able to tell them it had been them! ("Oh! That's why your name sounded familiar!")

(I didn't feel I could even tell this to the recruiter who had set up the interview until I had confirmed with the company that it was OK to tell him!)