Employee converting to consultant .....

[MyFriendsCallMeOh]

I used to work in public sector education in the UK but moved overseas a while ago and now live in the USA. I contacted my UK education employer because I saw an opportunity here for them in the USA and they said they could employ me. They asked me to set up my own company and consult but I wanted a certain hourly rate to make the costs worthwhile (insurance, set up costs, accounting / legal costs etc). They couldn't pay me that much so employed me directly, even though I live overseas. They don't seem to understand why I can't just work from home for myself as a freelancer in the USA (there are all sorts of liability issues and I need to get professional liability insurance, for this I need to set up my own company, I've explained all this).

My contract ran out at the end of last year and now they tell me they can't employ me because it's against policy and there are all kinds of legal / fiscal / risk assessment issues which I completely understand. So I'm back to setting up my own company and am asking for a raise in order to cover my costs. Although I am still working (answering emails, attending conferences they asked me to go to), I don't have any sort of contract and they are not responding to my emails about my employment status.

What can I do? Shall I just invoice them at the end of the month? Should I send them a contract to sign or is it up to them to send me one?

[flowery]

If they've told you they can't employ you what emails are you sending about your employment status that they aren't answering?

If you haven't agreed terms with them yet why continue to work? Surely you negotiate terms first, organise a written agreement to those terms and then start work?

[MyFriendsCallMeOh]

I've been working for them for a year already as an employee, now they tell me they can no longer employ me (directly, as an employee) but want me to work as a consultant and set up a company. I'm not going to do that until we have resolved the issue of my rate (in case it's not financially viable). They are emailing me with tasks but not responding to emails about my employment status. I live and work on a different continent so feel quite out of the loop.

[flowery]

Yes I understood all that. My question were why are you continuing to work without having agreed terms and what are you asking them about your employment status?

[northdownmummy]

Agree flowery you need to put all work on hold till you gave a contract. They have no obligation to pay you and I'd be very suspicious that they're avoiding your mails about employment status.

If I were you I'd send a letter to your manager stating that since you're out of contract you will not be carrying out ant more tasks. You are keen to keep working with them but need a contract in place before you can continue

[DramaQueen38]

I work in a capacity as consultant, although this is mostly invisible to colleagues. Google salary/ contractor calculator. There are a number online and they will calculate for you what a given salary translates to as a day rate, to allow for lack of holiday and sick pay, pension and the fact that they do not have costs for you like desk, IT support or NI even.

An independent 3rd party assessment of a fair pay translation might help you come to an agreement on your compensation and get things moving again.