As far as I know, you're usually in a stronger legal position to collect as
a contractor, rather than as an employee. Generally, in any State, the
courts favor the little guy, that is, the sub-contractor, provided they
didn't agree to something (in any legal document) that would absolve the
prime contractor from their obligation. Depending on the State, it is true
that even if you had signed something you shouldn't have, it may still be
considered unenforceable under the State's contract law.

As a sub-contractor, you can generally collect the total sum due to you
several times over, factoring in legal fees and so on. Lawyers will see an
opportunity to make a buck. But not so if you are an employee; lawyers will
see a waste of time, unless the circumstances are really unusual in your
particular case.

Either way, the company could always simply not comply with the State's
judgment to pay you. However, they will not be doing business in that State,
at least in the immediate future. As an employee, you're basically signing
up to share in the misfortunes of a company, in the eyes of the law. As a
contractor, the misfortunes of your client are not your problem (in the eyes
of the law, although they still could be in financial reality).

Louis Mezo
LogicSynthesis
Tel: 240.498.8951
[EMAIL PROTECTED]
http://www.logicsynthesis.com



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