Contract / Consulting Jobs Explained … Available in Three Different Flavors
January 10, 2011 at 12:01 am 22 comments
In today’s ultra-challenging job market, there are many opportunities out there for so-called “contract” or “consulting” jobs. Historically in the staffing business, it’s a well known pattern that when the economy is down, companies tend to rely more on contract resources to get work done rather than hiring permanent employees. When the economy is up, the reverse is true and permanent jobs tend to outweigh contract opportunities. It’s a very cyclical and predictable shift in how companies approach hiring.
I think it’s safe to say that most job-seekers — especially those who recently lost their permanent positions as a result of the economic downturn over the last couple of years — are hoping to find another full-time, permanent job. They might be reluctant to accept a contract position for fear of being unavailable if a permanent position suddenly presents itself elsewhere. On the other hand, working is better than not working, right? And very often a person will start out as a contract employee and end up being hired by that same company on a permanent basis because they performed so well. Still other job-seekers actually prefer the world of contracting, and only pursue those sorts of temporary positions. Such professional contract/consultants usually have a very specialized skill-set that is in high demand, and can actually make more money contracting than they could as a permanent employee. Those contract/consultants also often move around a lot, accepting contract positions in different locations for varying lengths of time. In other cases, there are many senior-level semi-retired professionals who no longer wish to return to the grind of a permanent position, but are still interested in remaining active in their field by taking on interim contract assignments.
By the way … for those who are collecting unemployment compensation, it’s worth noting here that accepting any type of employment, contract or otherwise, will certainly affect one’s eligibility to continue collecting unemployment benefits. If the amount you earn on a weekly basis is less than your unemployment benefit amount, then your benefits will likely be reduced to reflect the difference. If you earn more than your benefit amount, then your unemployment payments will stop while you are working. If that happens, and then the contract assignment ends (through no fault of your own) then theoretically you can simply resume your unemployment benefit payments, which should be extended past where they might have ended before … you should still get the full amount you were originally allocated. However, in such a case you will most likely have to re-apply to get your benefits re-instated. And here’s my disclaimer — there is no guarantee that your re-application will be approved. For better information about his issue, I would advise you to contact your local Unemployment Office and discuss the particulars of your situation with a representative there. Here’s a website with links to unemployment information in all 50 U.S. states: “Unemployment Information.”
Among many job-seekers, there is a lot of confusion about contract jobs. I’ve gotten many questions about contract positions that indicate how confusing it can be: What exactly is a contract job? How is that different from a “consulting” job? What’s the difference between a “1099″ and a “W-2″ contract job? Is a contract the same as a “part-time” job? Is “full-time” the same as a “permanent” job? Can a contract job be “full-time?” Can a “permanent” job be “part-time?” Who invented Liquid Soap, and why? (OK, I just threw in that last one to see if you were paying attention.)
SO, let’s start with some basic definitions:
GLOSSARY:
Contract Job: A temporary position with a company. Usually (but not always) has NO benefits included.
Consulting Job: A fancier name for a contract job. Could be a higher, more senior-level position.
Temp Job: Yet another name for a contract job – usually referring to lower-level administrative positions (secretaries, data entry, bookkeepers, etc.)
Permanent Job: The traditional employee situation with a company. Usually (but not always) includes benefits.
Full-Time Job: 40 hours per week. (“Full-Time” could refer to either a contract or a permanent job.)
Part-Time Job: Less than 40 hours per week. (“Part-Time” could refer to either a contract or a permanent job.)
At-Will Employee: Most “permanent employees” in today’s work world are hired “at will” – a legal term which means that they can quit anytime for any reason (or no reason at all) without giving advanced notice. Of course, the reverse is also true: they can be fired at any time for any reason (or no reason at all) without advanced notice. This really blows the old concept of “job security” eh?! It also tends to blur the line between a contract and so-called “permanent” job.
1099 vs. W-2: A “1099″ employee is a self-employed “independent contractor.” Independent contractors bill their clients for their time – usually by using a purchase order – based either on an hourly rate or a flat fee for services rendered. Either way, no deductions are withheld from their payments, and they are responsible for paying all their own taxes (using IRS Form 1099 … hence the name.) On the other hand, a W-2 employee gets paychecks from the company they are doing work for, based on the hours they work, at an agreed upon hourly rate. Those paychecks will already have all the standard deductions taken out for them by their client company (federal, state and local taxes, social security, etc.)
For the most part, contract jobs are either directly with a client company that has the need, or through a 3rd-party consulting firm that engages with the client company and provides consultants to them as needed. In such a case, the contractor usually becomes an employee of the consulting firm for the duration of the contract assignment. That firm then pays the person an hourly rate for the work they do at their client’s company, and then bills their client for that person’s time — after, of course, adding a significant markup. (Everyone’s got to make a living, right?)
The Pros and Cons of Contract Jobs:
When presented with the prospect of a contract job, it’s fairly easy for job-seekers to evaluate the overall pros and cons of such a position. Of course, each situation is different — but the following things are mostly true for all contract jobs.
Pros:
1) Income. Money coming in is always good, right?
2) It looks good on a résumé. Contract jobs – even short-term ones – look way better on a résumé than a gap in employment … especially if it’s work within your industry niche.
3) It keeps you current and up-to-date in your field.
4) A contract job gets your foot in the door of a company that could potentially hire you on a permanent basis.
Cons:
1) By definition, it’s a temporary position. When the contract ends (and they almost always do at some point) you will most likely be unemployed again. Future unemployment benefits could possibly be affected.
2) Generally, contract jobs do not include benefits (health insurance, retirement plans, etc.)
3) Contract employees often feel like outsiders at their companies. They don’t have the same feeling of “ownership” of their work that permanent employees usually have, nor do they enjoy the same feeling of camaraderie with their co-workers that permanent employees usually feel.
The 3 Different Flavors of Contract Jobs:
Whether a contractor is a 1099 or a W-2, working directly for a client or through a consulting firm, full-time or part-time … contract assignments generally fall into 3 categories or “flavors.” This is something that often confuses job-seekers (and recruiters!) when they hear about a contracting opportunity. I’ve even heard from some job-seekers that the recruiters they spoke with don’t seem entirely sure which flavor of contract opportunity they are working on. Clarifying which of these 3 flavors someone is looking at is critical in evaluating such an opportunity, and deciding if it’s worth pursing.
1) Limited Duration Contract:
This is when the contract has a pre-defined beginning and end date. The duration could be any length … from a few days to a few weeks or months. I’ve even seen contracts go up to year or more. The main thing that defines this type of contract is that there is no plan whatsoever to bring the person on board as a permanent employee. It’s either not in the company’s budget, or for whatever reason the company does not want to add headcount to their permanent payroll. When the contract ends, the job is over.
2) Contract with the Intention to Hire:
In this scenario, the company already has an approved “req” (requisition) from their HR department to hire a new permanent employee. However, they want to start the person out as a contractor first – mostly to see how they perform and how they fit in with the company and the personnel. It’s the classic “Try-Buy” situation. They don’t want to pull the trigger and hire someone until they are absolutely sure they have the right person for the job. If it doesn’t work out, it’s a lot less complicated for the company to simply end the contract than it would be to terminate a permanent employee.
3) Contract with the Possibility to Hire:
Here, the person starts out as a limited duration contractor, just like number 1. However, in this case, the company has made it known that they are at least open to the possibility of converting the contractor into a permanent employee. The rub is that they do not actually have an approved “req” (requisition) from their HR department allowing them to hire a new person. This can be the most frustrating situation of all. This scenario suggests that if the person does a great job and proves to be a valuable asset to the company, their boss could then request permission to hire the person. But, there is certainly no guarantee that such a request would be approved … and no actual promise of permanent employment no matter how well the person performs. The decision of whether or not to hire the contractor is often dependent on factors totally out of that person’s control.
Those last two flavors are often confused with each other, and many times are both referred to by recruiters as “Contract-to-Hire” opportunities. However, as I’ve just explained, they are quite different from each other in a very fundamental way. It’s up to each job-seeker to dig in and ask the right questions when evaluating these opportunities. The most obvious question should be: “Does the company already have an approved req to go ahead and hire someone on a permanent basis if this contract works out?” If the recruiter can’t answer that question clearly, tell them to go back to their client and find out! I’m certainly not saying that you should turn down any of the 3 flavors of contract jobs defined here. However, knowing what you are getting into, and managing your own expectations is key.

Entry filed under: Advice for Job Seekers. Tags: Consulting, Contracting, Recruiters.




1.
Ritika Shah | April 8, 2011 at 5:01 am
Hi Michael,
First of all, I visited you blog for the first time and really liked it. It was helpful.
Suppose I join a job on contractual basis now and after say 1 year I want to move to some company as a permanent employee. Will the new company consider my resume (with contractual job work experience) on par with other candidate’s resumes? Or will my resume be of less weight because my work experience is contractual?
2.
Michael Spiro | April 8, 2011 at 11:43 am
Ritika:
The answer is that it depends on the person reviewing your resume. I think most people would think that a year-long contract job just as valuable as a full-time permanent job … but there are probably a few who would not agree, and view contract work as lower status than full-time work. However, either way – any work is better than unemployment!
Michael
3.
Jay | July 25, 2011 at 2:02 am
Is there an etiquette on contract to hire on still interviewing for FTE/direct hire positions? If someone accepts a contract to hire position but is also in the process of interviewing for a direct hire position, would it be proper etiquette to no longer continue interviewing for the direct hire position? I don’t want to burn any bridges as the professional community I work in is fairly small.
4.
Michael Spiro | July 25, 2011 at 2:49 pm
Jay:
You’ve asked a great question! Most employers and recruiters would certainly expect a level of commitment from a candidate who is accepting a contract position. Needless to say, it would look bad to leave a contract job mid-way through just because a better offer comes along elsewhere … and doing that does, indeed, have the potential to “burn a bridge.” On the other hand, many contract employees are seeking full-time jobs at the same time that they are doing temporary contract work. Besides the financial stability offered by a full-time position, the addition of health benefits is often the ultimate goal. My general advice is to be as honest as you can be with your employers and/or the recruiter or agency you are working with regarding your long-term goals and short-term intentions. If, as you say, you are working in a small professional community within your niche — and the contract job you are starting really does have the potential to convert to a full-time position — then it would probably be a good idea to suspend your job-seeking activities and interviews elsewhere until either the contract ends or the exact status of the FTE conversion option is determined. Hope that helps. Good luck!
-Michael
5.
Jay | July 25, 2011 at 3:54 pm
Thanks for the response Michael. I had another question. I made a newbie mistake when I first quoted a rate to a recruiter and just quoted a rate that was directly comparable to the annual salary I am looking for. I know what the direct salary for this contract position would be at the company and the recruiter didn’t blink an eye at the rate so I think I probably shortchanged myself about $10 /hour. I haven’t accepted the offer yet, do you think I can negotiate and do you have any recommendations on how to approach it?
Thanks!
6.
Michael Spiro | July 26, 2011 at 8:17 am
Jay:
Assuming that the recruiter you are talking to works for an agency who would then “mark up” your rate to their client company … it’s in their best interest (as well as yours) to pay you a higher rate, rather than a lower rate. Everyone will make more money that way. You should immediately talk to that recruiter again and express your feeling about shortchanging yourself in that last conversation, and wanting to get a more fair rate based on the client company’s comparable salary. On the other hand, if you are talking to an internal recruiter working at the actual client company … then you might have screwed yourself by quoting a low rate that they like, but that you now feel was too low. In such a case, it’s tough to go back and ask for more.
-Michael.
7.
Joan Conover | July 26, 2011 at 9:25 am
When a persons task/job is terminated due to government downsizing/contract expire what are the options for a 1099 or a W2 “consultant” to recieve unemployment benefits? The company is moving all full time employees in the group to a unfunded “consultant basis”. Read that as no wages or benefits. The company has their resumes, and should work be available, can contract the person to the new task some time in the future. As of 1 August 2011, a current contract expires, as does the employment. All in the group are now receiving no wages after Aug 1. Can any of the former workers receive unemployment benefits while either finding more work or being taken on with new work? Right now, there is no possibility of funded work in the short (6 months) time frame.
8.
Michael Spiro | July 26, 2011 at 10:16 am
Joan:
First of all, let me give you my disclaimer: I am not an expert on Unemployment Laws or Regulations. For the best answers to your questions regarding eligibility, you should contact your local Office of Unemployment and ask them. If I had to guess, I’d say that any W-2 employee (permanent or contract) might be eligible for Unemployment Benefits if their job/paychecks end due to no fault of their own. On the other hand, a 1099 contractor is probably not eligible for Unemployment Benefits if their work stops since they are, by definition, “self-employed.” Again, check with your local Office of Unemployment for the most accurate information.
-Michael
9.
Bee Mac | October 17, 2011 at 1:25 pm
If I accept a contract position, am I actually under contract to work the job for the entire duration of the contract? Suppose I get an offer for a full-time job, can I leave the job without breaching the contract?
10.
Michael Spiro | October 17, 2011 at 5:15 pm
Bee Mac: There would be no “breach of contract” involved in quitting a contract job before it is scheduled to end, since most contractors (as well as most full-time employees) are hired “at will” — a legal term which means that they can quit anytime for any reason (or no reason at all) without giving advanced notice. Of course, the reverse is also true: they can be fired at any time for any reason (or no reason at all) without advanced notice. However, it is certainly not a very professional thing to do! You’ve basically asked the same question that “Jay” asked (see comments 3 and 4 above). My answer to you is the same:
“Most employers and recruiters would certainly expect a level of commitment from a candidate who is accepting a contract position. Needless to say, it would look bad to leave a contract job mid-way through just because a better offer comes along elsewhere … and doing that does, indeed, have the potential to “burn a bridge.” On the other hand, many contract employees are seeking full-time jobs at the same time that they are doing temporary contract work. Besides the financial stability offered by a full-time position, the addition of health benefits is often the ultimate goal. My general advice is to be as honest as you can be with your employers and/or the recruiter or agency you are working with regarding your long-term goals and short-term intentions. If you are working in a small professional community within your niche — and the contract job you are starting has the potential to convert to a full-time position — then it would probably be a good idea to suspend your job-seeking activities and interviews elsewhere until either the contract ends or the exact status of the FTE conversion option is determined. Hope that helps. Good luck!”
-Michael
11.
Saul | October 18, 2011 at 2:19 am
Hi Michael,
I currently have a full-time job in outside sales. Can I also take an additional commission-only position with another company? Can my employer find out about the other job through the IRS or any other general means? Do employers check to see if their employees are “double-dipping”. This would be a great opportunity for me to get out of debt and save for high school and college expenses.
Thanks,
Saul
12.
Michael Spiro | October 18, 2011 at 3:28 pm
Saul:
Part of the answer to your question kind of depends on what type of agreement you have with your current company. Some places make you sign a document during the hiring process that restricts your ability to do any other business outside of your own company. If that is the case, then what you are proposing could be in violation of that agreement — and could get you fired. Without such an agreement, it may not technically be illegal or a work violation … but as you probably can guess, it would be frowned upon by most employers who would be afraid that the work you do outside of your main job would take away time and energy from their company. Either way, if the question is would you get “caught’? … it’s hard to say. I don’t think the IRS would release information to an employer that would give you away — but there are plenty of other more common ways for your “moonlighting” to get discovered. It’s a very small world after all, and someone somewhere might see or hear about your outside work and let it slip to the wrong person. Eventually, your employer might simply hear about it through the grapevine. What happens then is the real question. If don’t think that you can be honest and simply tell your boss what you are doing — then obviously you feel there is a risk of being fired by doing what you are proposing. Tread carefully!
- Michael
13.
D-cam | October 27, 2011 at 6:01 pm
My question is I got a call about a job from a recruiter we talked and emailed back on forth on the duration of my position so I accepted the position the recruiter told me it was for 6 months but two months into my job I get laid off for no apparent reason is this wrong or what
14.
Michael Spiro | October 28, 2011 at 9:41 am
D-cam:
Unfortunately, the answer to your question is no — it is not “wrong.” The truth is that even so-called permanent jobs are almost always “at will” situations — a legal term which means that they can fire someone anytime for any reason (or no reason at all) without giving advanced notice. Of course, the reverse is also true: a person can quit at any time for any reason (or no reason at all) without giving advanced notice. Contract jobs are even less secure. No matter what the recruiter told you about the 6-month duration, and no matter what the company told the recruiter and you about the expected length of the contract job you accepted … they are allowed to change their minds any time. Actually, that’s one of the reasons many companies prefer to use contractors vs. permanent hires … it’s a lot less messy for them to simply terminate a contact position than it would be to fire a permanent employee. You may never know the real reason they laid you off prematurely: it could be that business was slower than expected; it could be the work you were hired to do is no longer required; or it’s possible that they thought you were not performing your job well … or they simply didn’t like you! Whatever the reason, you really don’t have any recourse.
-Michael
15.
Sofia | October 29, 2011 at 10:41 am
Hi Michael,
I’ve been contracting with a family of companies for the past 2 and 1/2 years while I’ve been working on my PhD. For the past 12 months, I’ve been working closely with a team at one company, and two weeks ago another company within the family unexpectedly offered me a permanent position. The company I am currently contracting for has offered me permanent positions during my contract, but has stated that I would have to relocate. I verbally accepted the position from the sister company because I am ready to begin my career and it seems to be the best choice for my family (they are excited to have me, there is potential for upward mobility, they met all of my requirements for hiring). I don’t need the health benefits because my spouse provides them. But upon telling the contract company, I now feel like I have somehow betrayed them, and I am heartbroken to leave them. So, my question is: Am I making a mistake to leave a position I love for the benefit of a permanent position on my resume.
16.
Michael Spiro | October 30, 2011 at 12:55 pm
Sofia:
I certainly understand your desire to stay loyal to the company that has provided you with contract work for the last 12 months. However, you certainly don’t “owe” them anything at this point. Most contract positions do not last anywhere near that length of time, and I’m sure they’ve made a ton of money by having you working for them all that time (on the mark-up they’ve been charging to the client.) However, the bottom line is that this should be a business decision … and you must consider what’s best for yourself and your family. It’s not just “for your resume.” You said it yourself: it’s a chance for “upward mobility, and they met all your requirements for hiring. ” A locally-based, permanent job is clearly the best choice for you. Thank your friends at the contracting company, and tell them it’s time for you to move upward and onward.
-Michael
17.
Jasmine123 | December 11, 2011 at 12:14 am
Hi Michael,
I’m currently in a dilemma where I’d like to move up and out of my full-time administrative position (which I’ve only been at for just a year) to a project control officer role which is a contract position, but is involved in a very high profile project at the company and is also working internationally. I have posed the idea to my boss and she’s quite stringent on staying the minimal 2 years, which is expected upon hire of most full-timers. However, this contract position is a step up and forward towards my personal development in learning and skills-building for more a project management direction in future. Coincidentally, the position is within the same department and I would be working for my boss’ direct report, rather than her, so there’s a great potential to “burn bridges” if I were to quit this full-time position for a higher paying contract job… which she has already expressed much distaste for because I’d be moving from a secure, long-term role to a temporary insecure one. Your thoughts?
18.
Michael Spiro | December 11, 2011 at 11:58 pm
Jasmine:
You’ve described an interesting dilemma. On the one hand you have the so-called “stability” of a full time job (which, I assume, includes medical benefits) in an administrative position. On the other hand you have an offer of a higher paying, higher status project-related job in a contractor role (which, I assume, does not include health benefits) that is more along the lines of where you want your career to be headed. If you remove the politics and drama associated with your current boss’s “distaste” for the contract role you are being offered, the medical benefits issue, and the money … you are left with a clear choice: take the position that puts you on a better path for future career growth. Only you can answer how much those other factors weigh into the decision. How your current boss feels should probably the least of your concerns. (It’s your career that’s at stake here, not hers.) “Expecting” a 2-year commitment for all new hires may sound reasonable … but it is certainly not contractually required, nor is it legally enforceable. The medical benefits — I don’t know your situation, but since you didn’t mention it, I assume it’s not a big factor for you. Money … many people take pay CUTS to get on a better career path. Being offered a pay RAISE to do so is a no-brainer! Yes, contact jobs do “feel” less secure than full time jobs, for obvious reasons. However, as my blog posting above pointed out, no job is really secure in today’s world of “at will” hires. You could be laid off at any time, for any reason — or no reason at all. Instead, ask yourself where would you like to see yourself career-wise in, say, 5 years. Then consider: which of the two choices you are currently facing will be more likely to get you to where you want to be then? Good luck!
-Michael
19.
Cathy | January 25, 2012 at 3:52 am
Hi Michael,
Ok so here is my situation. I left my FT Perm position last May to go back to school full-time in another field I thought I wanted to be in. I went to school, then decided it was not the road for me. So thru everything I have had no income (I did not apply for UI because I left my co. at will and knew I would not be eligible) (also I made sure I had a nice bank acct to pay my bills during school, so i have been financially ok for that time) and have been searching for employment in my original field again. I just landed a 6-9 month contract position. My recruiter says there is possibility for contract extension or perm hire. Now say neither happens and my contract ends and have no new job again after this contract position, can I apply for UI? I did fill out a W2 form… Thanks in advance!
20.
Michael Spiro | January 25, 2012 at 11:31 am
Cathy:
My quick answer is yes … I do believe that if you worked at a contract job and then that contract ended — so you were then unemployed through no fault of your own — you would be eligible to receive unemployment benefits. The specifics of how many weeks you need to have worked to be eligible, and how much your actual weekly benefits would then be may vary from state to state. However (and here’s my standard disclaimer) I am NOT an expert on unemployment laws. For the best information, I would advise you to contact your local unemployment office. Here’s a website with links to unemployment information in all 50 U.S. states: “Unemployment Information.”
21.
Taylor Sam | February 1, 2012 at 2:52 pm
Hi Michael,
I am trying to decide if I should leave my current FTP to take a “Contract to Hire” offer. The contract is appealing because it pays more than twice what I make now. However, I am concerned because the contract itself does not mention anything about it being a contract to hire position and the contract does not have an end date. The temporary agency is also asking that I give them 20 business days notice before terminating the contract, which seems excessive to me. In you opinion, is this a risk worth taking?
22.
Michael Spiro | February 5, 2012 at 10:00 pm
Taylor:
If I were you, I’d ask the hiring authority (not the recruiter) to clarify their long-term intentions for this “contract-to-hire” position. In my experience, very few people leave full-time jobs — with health benefits — to go to a contract position that is not set up as a true trial period, with the intention of hiring someone full-time. Sure, more money is great … but the risk, as I’m sure you know, is that you’ll find yourself unemployed when the contract ends sooner than you expected. And the agency asking you for “20 business days notice” is not necessarily excessive, although the standard convention for giving notice is 10 business days (2 weeks.) In any case, any such agreement is NOT enforceable. No matter what the agency would like you to promise (and, of course it’s for their benefit, not yours) … the bottom line is that you are being hired “at will.” Do you think they’ll give you 20 days notice if their client ends the contract abruptly without warning? Uh … no — you’ll be out of work that day!
-Michael