It seems to me that more and more these Prime Contractors are giving me more an more orders.
I must report every morning.I must do a daily production sheet both for the Prime and it's customer and MSO by a certain time every day using thier codes and forms. I must start at this time and must end at this time.
I must be on call 24/7. No Pay
I am told I must do service calls for free with no hourly charge because its the price of doing business.
I am told temping in an amp or power supply is a non billable item, another price of doing business.
I am told to report to work every day that there is work. Some days I arrive and there is no work. No pay for me and my crew's time.
I must WAIT for other crews to give me power or RF to finish my job,sometimes a few hours with NO pay.
citing Francis v. Franklin Cafeteria. Inc 123 Conn 320 (1937)
"One is an employee of another when he renders a service for the other and when he agrees to do,or is directed to do, is the subject to the will of the other in the mode and manner in which the service is to be done and in the means to be employed in its accomplishment as well as in the result to be attained.
Kaliszewski v. Weathermaster Alsco Corporation 148 Conn 624 629 (1961)
An independent contractor is one who, exercising an independent employment, contracts to do piece work ACCORDING TO HIS OWN METHODS AND WITHOUT BEING SUBJECT TO THE CONTROL OF HIS EMPLOYER, except as to the RESULT of his work.
I am from the old school of cable.When I work for the prime, I have an office with several nodes of work as well as the parts for the work.
I get my crews out to work and at the end of the day call in some end of the lines.
Paperwork was done on a weekly basis with mark up daily for production.
An invoice was produced and at the end of the week was submited.
Now this has all gone away. They control all aspects of my work except for standing over my shoulder on the job site. .
So legal eagles out there I would like your opinion.
Am I working according to my own methods and not being subject to the control of my employer,except as to the result of my work????
Thanks in advance
