Any telecommuting fpDevelopers watching this?
Fairlight
fairlite at fairlite.com
Wed Mar 30 08:20:29 PST 2005
Confusious (Ron Kracht) say:
> If you read more detail about the decision there are a couple important
> qualifiers.
>
> 1) You must be an employee of the company - not just someone doing work
> for the company.
"For now." The fear, I think, is that this is going to be first accepted
and then broadened to include freelancers. It may or may not be a valid
fear.
If it came to pass, I think it would spell the end of interstate
freelancing, or result in a scale of civil disobedience not seen since the
use of P2P networking. I'm just not sure which way it would fall.
> 2) You must be living out of state for your convenience not for the
> convenience of your employee.
It wasn't "convenient" for me to move to KY, but I had no choice in the
matter--and -I- was asked to stay on, at their expense. This was at my
last employer, years and years ago. But had it happened under these
conditions, well--define "convenient". It certainly wasn't convenient for
me to pick up and move, but my wife's degree and career were worth the
sacrifice. But you know the state would say that's still convenience, even
though the -company- requested that I stay on, rather than hiring someone
else at the time. I think, short of documentation saying that you were
-ordered- to relocate out of state, they'll rule in their own favour.
Seems a safe assumption.
> The arguments raised and the laws and the logic used to support the
> ruling seem to me to preclude it from being used for consultants.
Oh, I have no doubt that if they manage to enforce it in one area, they'll
try to parlay it into a still broader context to increase the revenue
stream. Perhaps if they weren't wasting money building bridges -we don't
actually need-, they wouldn't need as much money.
(I don't know where you live in KY, although you seem to from your posts.
Familiar with the new Louisville<->Indiana bridge fiasco that's been going
on for about five years or so? Last proposal I heard says they want -two-
bridges now when they started out wanting only one. My wife, a traffic
forecasting civil engineer, says we need one, but surely not two. It's all
politics, eventually.)
mark->
--
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