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JenniferV1
Posts: 1
Posted:
Hi. I was hired as an Office Manager for an Association to rent out community center to public for special events and help board prepare items for their meetings. After offering the job verbally, they told me I had to fill out paperwork at the Property Management Company. There was no discussion that I would be an employee of the management company, but I did as I was told. Now two years later, the association is not happy with work of Management Company and want to fire them. I am now an employee of the Management Company although they have no say of my hours or duties. The association is firing my employer.

The Association wants me to continue my work for Association but they do not want any liability as having EMPLOYEE. I am now in limbo as I have not been laid off OR informed b of my position elimination from my on paper employer. The association wants to contract with a new Management Company that is 1 hour away and wants me to work as employee of theirs. They basically are asking me to quit my job and work for a new company. I have no job offer or description in hand.

They are basically saying that under no circumstances will they assume "employer" role on paper even though the new management company would be fine processing the payroll for the association since they will be doing the accounting.

Having worked in HR in the past, I would say by all accounts I am an employee of the association. I am only management company employee on paper but I would in no way pass an employee test.

Any thoughts on how I should handle this?

Should I quit my current job so I can be hired by new management company. My gut says to wait until they tell me that I am not an employee anymore since they lost the contract with the association. And ask the new management company for a job offer before I accept any change in employer.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JenniferV1 on 02/14/2023 7:40 AM
Having worked in HR in the past, I would say by all accounts I am an employee of the association. I am only management company employee on paper but I would in no way pass an employee test.
If the management company pays you, then for this and other reasons you are the MC's employee.

You claim that the MC does not set your duties or hours. But I expect this is only because the contract the HOA has with the MC says the HOA tells the MC the duties and hours. (Whether the HOA actually does this does not seem relevant. One way or another the HOA contract with the MC presumably says the HOA sets the duties and hours.)

Regarding this "employee test": Do you mean the several criteria for when an individual is an employee vs. when the individual is a contractor? This is a different issue and I suspect not relevant here.

Have you considered quietly, in private, submitting a job application to the new MC, explaining the situation? What are the reasons for not doing this?

Hopefully the HOA will support you to the extent it can. Still do not count on anything from the HOA. I think you are on your own here and just try to be a good employee until you have had enough with the current MC or until and if the current MC terminates your position.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You may need to become a 1099 contractor and work independent. The MC was your employer and not the HOA. You just worked exclusively on that HOA contract.

Former HOA President
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Did you sign a no compete agreement with the existing Management company?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Note the difference between an employee and independent contractor:

Independent Contractor (Self-Employed) or Employee? from the IRS

From what has been described, I'm not sure this position could be filled by an independent contractor.

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