I've been a W2 consultant at the client now for 26 months. It was originally supposed to be a 12 month contract-to-hire position. My contract even says that. Now 26+ months later, I've received 4 or 5 extensions and they keep telling me they want to hire me on. They have told me they will hire me on at least 8 times now, but they still have not done this.
After a lot of research I have found the IRS and Federal law has policies and penalties for companies that use permanent consultants like Permanent FTE Employees for anyone generally over 365 days to 18 months. Microsoft has even been sued for $97 Million USD before and lost at the Supreme Court level. This has set a precedent in these types of legal matters.
Permatemp - Wikipedia, the free encyclopedia
After missing out on PTO, Sick days, yearly company bonus, merit raises, Holiday Pay, 401k Matching, Tuition reimbursement, Health benefits, Employee Stock Purchase Program, these numbers add up to a significant figure in the realm of tens of thousands of dollars.
Should I just walk away or hire an attorney? What do you guys think?
