Feral Jundi

Tuesday, February 16, 2010

Legal News: The ‘Bait And Switch Game’ Companies Play With Independent Contractors

     Ok, for those that know me, you will understand that I absolutely despise companies that screw over their contractors.  Partly because I have been the victim of unscrupulous companies, and the other reason is that I get oodles of emails from guys who are getting screwed over by companies.  I shake my head and wonder why is it so tough for these companies to do the right thing? Where is the courage to do good or what happened to taking care of your people?  The funny part, is that the companies that actually do take care of their people, are the ones that usually attract the best of the best, and have more contract stability.  I am a firm believer in this, and I also think that in the long run, companies will make more money if they focus on taking care of their people, because it will minimize turnover and keep contracts stable. 

     I also think that the companies are staffed with guys who apply too much of their war fighting ‘cheat at all costs’ and ‘ big boy rules’ concepts to managing the contractors and contracts.  Which is fine, if you guys want to keep getting contracts and out compete the other guy.  But if you are screwing over your people in your vain attempt to obtain these contracts, then what price glory?  Or if you implement the ‘rob Peter, to pay Paul’ business practice, then what sense does that make?  Focus on being straight with your contractors and stop playing these unethical stupid games with their pay.  Contractors don’t like it, and we will just leave your company hanging when you treat us like that. Worse yet, we won’t care about doing a good job for you, because you don’t care about us. 

     So with that said, lets discuss some of the latest scummy tactics that I am hearing about out there, when it comes to unethical company practices.  Let’s call this one, the ‘bait and switch’ game.  I have heard of this happening with several companies, and it pisses me off to no end. 

    The way it works is that a company signs a contract with a independent contractor for a specific salary. They fly that contractor to the war zone, and then once they are on the ground, the company then creates some excuse to lower the contractor’s salary.  Companies like to say things like ‘things have changed, and the position we hired you for no longer exists…..but if you would like to stay in Iraq and keep working, we will pay you this lower salary with this new position’? I will argue that this was the tactic all along, to bait a contractor with one salary, get them in country, and then switch their salary to a lower one. When a contractor has made it all the way over to that war zone, and they are finally settled in, and then this is thrown at them, it psychologically makes it very hard for a guy to say no. Lesser salary, versus no money and a trip home, is usually what comes to mind.  

     And because of the practice of implementing ‘at will’ contracts with ‘non-disclosure agreements’ attached, companies really don’t care if the contractor is pissed off by the practice.  The contractor also has little hope of forcing the company to abide by any labor laws, perceived or real.  There is also no labor unions to protect contractors and force companies to do the right thing.  The whistleblower stuff is a joke, because the actual success rate and pay off for being a whistleblower on anything to do with these companies, is dismal. Or if you do succeed in getting attention for your case, it still won’t equate to you getting more money or being treated better at your job site.  If anything, reprisal will happen, and your reputation will be torn apart by the company and those that you turned in.  

     Besides, your one of those despicable civilian contractors that the media loves to crap on, so who is going to stand up for you? POGO doesn’t care about contract disputes between contractors and their companies. So what can you do, if you are the victim of a ‘bait and switch’ game?

   For one, I say stay on the contract as long as possible, and look for another gig. That is the financially sound way to play it.  As soon as another contract comes up, leave your current contract pronto. While you are on that current contract, I would also suggest submitting as many anonymous tips to as many hotlines as you can, in order to force the company to get ethical and treat their people correctly. Remember, if you are reporting fraud, waste and abuse, it is not a violation of the non-disclosure agreement.  The law trumps this little agreement we all sign, but the law won’t protect your reputation or your career–reprisal sucks and it will find you.  So anonymously is the best way to go in my book.  It protects you, and the acts of bad companies makes it to those that  need to know that stuff.

   The companies will also get screwed by mass exoduses from contracts.  The more folks just leave, the better, and companies will get a default on contract because they do not have the required individuals for that contract.  I know of several companies that just use ‘floaters’ to cover for these kinds of situations.  But turnover is certainly expensive, and certainly brings negative attention to the company. Defaults on contract have really screwed over companies in the past. So if you and your crew that are displeased with the company your in, all put in a two week or whatever notice, all on the same day, then that would be an expensive shock to the company system.  Just leaving without notice, is an even bigger shock to the company, but it also puts your reputation as a contractor at risk. I recommend just putting in a notice, unless things are so bad that your life is in danger, family problems, or something like that.  

    If you are the victim of the bait and switch game, deal with it smartly and really think out your options.  Do not act out of emotion, act out of practicality. This is a business, so act like a shrewd businessman.  Some guys are willing to deal with the bait and switch, and just chalk it up as ‘getting screwed over by the company’. Money might be a big factor for these folks, and they did not have the luxury of having ‘saved their pennies’ so they could leave.  

     For most though, when a company plays this game with them, they will instantly switch into ‘jaded contractor’ mode, and do all they can to get the hell off of there. I see this over and over again, and jaded contractors are not good for a company.  They provide poor customer service, and really don’t care about the company’s reputation at that point.  Why should they?  

    When you are in this mode, I sympathize and empathize with you, and I am here to say that there is a right way to leave and a wrong way to leave. But leave none the less if you can swing it, because turnover and defaulting on contracts is not good for companies, and that is how you really hurt their bottom line. You could also bring in a lawyer, if you have the time and money.  Be forewarned though.  If you go the legal way, companies have lawyers too, and they are very schooled at dealing with this stuff. Legal action is a tough game to play, and you better be mentally prepared for that, because it can be very taxing. You sometimes end up with little to show for all that time and money expenditure, and legal action is a difficult road to go down.   

     The other way, is to submit all the bad practices that you can to all the groups I have listed below. Start with the IPOA, because if the company you are working for is on their list, then they need to pay the price for what they did to you.  Hopefully the IPOA will actually do something about it, but most importantly, it is a symbolic act, and it puts you in the right frame of mind for dealing with a company.  After all, the company signed on to that code of conduct, and if they don’t want to abide by that code of conduct, then I say do all you can to right the wrongs. You should also try to use the chain of command with a company, but if that has fallen short, and you are getting nowhere with that, then you need to take matters into your own hands. Be smart with your actions and good luck. –Matt

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From the IPOA Code of Conduct 12

6.6. Signatories shall act responsibly and ethically toward their personnel, including ensuring personnel are treated with respect and dignity, and responding appropriately if allegations of personnel misconduct arise.

Submit a complaint to IPOA here.

Check list of IPOA member companies here.

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Submit a tip to the DoD hotline.

Mr. Leonard Trahan, Jr., Director,Defense Hotline

Anyone, whether a service member, civilian employee, defense contractor, or private citizen, who witnesses what he or she believes to be a violation of ethical standards and/or the law, including but not limited to fraud, waste, or abuse of authority, potential leaks of classified information, or potential acts of terrorism, should report such conduct through his or her chain of command, respective service Inspector General, or directly to his or her respective service Inspector General or directly to the Inspector General of the Department of Defense Hotline at 800-424-9098 (e-mail: hotline@dodig.mil)

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Special Inspector General For Iraq Reconstruction

Report fraud, waste and abuse

The mission of the Hotline for the Special Inspector General for Iraq Reconstruction (SIGIR) is to facilitate the reporting of fraud, waste, abuse, mismanagement, and reprisal in all programs associated with Iraq reconstruction efforts funded by the U.S. taxpayer. Cases received by the SIGIR Hotline that are not related to programs and operations funded with amounts appropriated or otherwise made available for the reconstruction of Iraq are transferred to the appropriate entity. The SIGIR Hotline receives walk-in, telephone, mail, fax, and online complaints from people in Iraq, the United States, and throughout the world.

Click here to submit a complaint.

The SIGIR Hotline office serves as a clearing house for complaints by maintaining an audit trail of all complaints received and the complaint file records until they are sent to the SIGIR Records Management Office. When a Hotline complaint is received, the Hotline Analyst will evaluate the complaint to determine if the complaint is within SIGIR’s purview to investigate. This evaluation includes a screening to eliminate unacceptable complaints and to determine if the complaint involves funds appropriated or otherwise made available for the reconstruction of Iraq. If the source of funding identified in the complaint is not apparent or identified, a check of the SIRIS database will be conducted. If this check meets with negative results, the SIGIR Hotline Analyst will complete a thorough inquiry with contracting points of contact in Iraq provided to our office by the Investigations, Audits, and Administrative offices in Baghdad.

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Saturday, February 13, 2010

Industry Talk: Pentagon To Track Assault Of Contractor Employees

Filed under: Industry Talk — Tags: , , , , , , , , — Matt @ 12:27 PM

   Excellent, but my question is what took you guys so long?  This war has been cranking along for over 8 years now, and  the government is finally tracking this stuff or caring? And what about tracking contractor deaths, or do you guys care about that? The machine of progress in government can be mind numbingly slow or even absent. I guess we should be thankful for whatever they can accomplish, but how long does it really take to apply some common sense policies? pffffft

   The next step though, is to actually act on that information that you get.  What will really impress me, is if the government gives the same attention, to third country nationals working for us, as they do to expats.  When a Ugandan guard is raped, or some Filipina working at the DEFAC is assaulted, is the DoD going to care about that and hold companies accountable for how they handle those incidents? Or do we only care about U.S. contractors? I guess local nationals would fall under the laws of their country, but is there any responsibility to report that stuff too?

    Who knows, and maybe we do track and care about all of these folks.  It would be the least we could do for the service that all of these contractors have given to the war effort. –Matt

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Pentagon to track assault of contractor employees

By KIMBERLY HEFLINGFriday, February 12, 2010

WASHINGTON — The sexual assault of employees of U.S. military contractors working in Iraq and Afghanistan will be tracked by the Pentagon under a system it is setting up.

The tracking will likely begin this year, Defense official Gail McGinn said in a memo to the Pentagon’s Inspector General included in a report released Friday.

The IG evaluation was initiated by a request from congressional members concerned that not enough protections were offered to U.S. contracting employees assaulted in the war zones. One of the most high profile cases was that of a Texas woman, J. L. Jones. Jones has sued Halliburton Co. and its former subsidiary KBR, saying she was gang raped while working for KBR in Iraq in 2005.

The IG also recommended the Pentagon develop plans to provide immediate help following assaults on contractor employees, which McGinn also said the Pentagon was developing plans to do.

The IG noted it found anecdotal evidence that contractors who reported being assaulted received medical and other assistance from military personnel.

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Books: Author And Contractor– David A. Johnson

   For the record, I have not read any of his books, but I am definitely intrigued.  It’s not so often that you find guys in this industry that are current contractors, and authors of several books.  If any of the readership has anything to say about his stuff, I am all ears. They certainly sound interesting. Check it out, and you can buy his books through his website. –Matt

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David A. Johnson.

Thanks for stopping by:

As a private military contractor I have traveled and worked all around Latin America and West Africa. I currently fly for the Department of Defense, but in the past I’ve worked for other government agencies and  multi-national oil companies.

However, my real passion is writing. In 2003 I wrote a short book on how to get a job as a military contractor. In 2007 I finished my first novel, Arauca. By 2009 I finished my second novel, Asgaard.

Both novels feature characters that work as private military contractors. These characters interact in political settings taken from tomorrow’s news. Arauca is based in Colombia, and Asgaard takes place in the Congo.

My third novel should be finished in 2010.

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Friday, February 12, 2010

Government Work: TSA To Give 10,000 Workers Clearances

   Well, there you have it guys and gals.  If you wanted to get a clearance, you can now get one through the mighty TSA. lol Interesting move, and I am wondering what this will buy them?  I mean did they not get briefed on threats before this latest move, or is this just a push to try and weed out some bad seeds? If it is, then TSA will soon find out that they will lose many employees.  Which is good, but what is also equally important is the leadership out in the field and giving your employees good training and guidance. I would also focus on customer service and satisfaction, and it seems government just does a terrible job in this department. Clearances will not make up for poor performance or worse yet, loose lips.  Because now this will be 10,000 individuals who have to be depended upon to watch what they say and do, all because they now have access to sensitive information. –Matt

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Sir, is this your foot?

TSA to Clear 10,000 Workers for Access to Classified Intelligence

February 12, 2010

The Transportation Security Administration plans to clear 10,000 workers for access to secret intelligence, Fox News has learned.

The move comes as a slew of security agencies try to improve intelligence-sharing in the wake of the attempted Christmas Day bombing. However, a TSA spokesman told Fox News that the plan to give thousands of workers security clearance was developed in July 2008, and that the background checks started one year ago.

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Thursday, February 11, 2010

Industry Talk: Seattle Authorities To Review Security Rules After Transit Beating

   First off, I know these guys were limited by the terms of their contract. But to me, this would have been a scenario where violating those terms of the contract could have saved this victim from being beaten. Common sense and basic human compassion should have been applied to this situation.  I know most guys on the high end of security contracting, would have stepped in regardless, because that would have been the right thing to do. For the lesser paid, and minimally trained folks who the company really doesn’t care about anyway, then scenarios like this are going to happen. This just happened to be filmed.

   From a pragmatic point of view, the guards did exactly what they were supposed to do.  If anything, I think Metro’s policy is what is really at fault here, because they hired and trained these folks to just be observers, and that is it.  The policy has put these guards into a terrible position, and it is something to think about for us all. Especially after incidents, where organization create knee-jerk reactionary policies and make asinine rules that are supposed to somehow make it impossible for another incident to ever happen again. pffft. For all we know, this ‘just observe’ policy was created as a less than lethal, cheap, and less liability option, as opposed to hiring armed guards who know what they are doing.  Who knows, but now that the film is out, and the public has outraged, here we go….

   With that said, if you are with a company who has set up policies within the contract that do not meet the realities of what is going on out in the field, then either you need to demand a re-thinking of the contract/policies or leave. While on post, you should be going through your head, every ‘what-if’ situation you can, and game that situation.  If you are severely limited by your current policies, and your life or the lives of innocents are impacted negatively by those policies, then you need to say something. Of course be tactful, but still, it needs to be brought up and a supervisor needs to know about it. How else is it to be changed?

    Another example, is these unarmed contracts for ship security in the Gulf of Aden?  We know pirates attack boats using all the weapons of warfare, yet there are those in the industry that continue to promote this concept that you can defeat those tools of warfare with less than lethal options.  It does not work.  An RPG trumps a water cannon, every time.  AK 47’s trump LRAD sound machines, every time. And when we watch entire security teams jumping over the side of boats in order to escape the wrath of an attacker, all because they were not able to defend the boat with their less than lethal tools, then what was the purpose in the first place for hiring these guys?  The same rule applies to this deal in Seattle.

    The other point I want to make is the money and liability of security these days.  Thanks to a violence averse and litigation happy society, private security has been weakened in many places throughout the world.  There must be a recognition for the fact that security is a human endeavor, and sometimes it is not perfect.  How could it be? Contracts should reflect this, and they should have protections for the guards so they can actually do their job.

   Or that companies continue to play the odds, and think they can ‘do without’ just fine, and luck will be on the side of their ineffectual and low cost guards following weak policies. Pffft.  Criminals and terrorists are laughing at us.

    We also have criminal and terrorist type elements who know how to exploit this stuff. The obvious angle, is the kinetic one–just use a gun and you have now put the fear of god in that unarmed, minimally trained, low paid guard. That equates to those thugs doing whatever they want. Criminals or terrorists could also make a film of these pathetic guards, throw it up on youtube, and the thing makes the rounds across the world. If their intention was to show some weakness of a security apparatus or destroy the legitimacy of a state’s institutions through propaganda, well then they just accomplished that task.

     Since everyone has camera phones now, this reality becomes very sobering to think about.  As security professionals, we need to think how our actions will look to the public or innocents, if in fact we were filmed. Of course there will always be someone who will film it, edit it, and try to take it out of context.  But still, we have to be focused on doing the right thing out there. That is another reason why I like the Jundism concept of ‘be the guy that does it right, when no one is looking’. Let me know what you think. –Matt

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Seattle authorities to review security rules after transit beating

February 11, 2010

Seattle, Washington (CNN) — Video of unarmed transit guards watching a girl being beaten on a bus tunnel platform has prompted Seattle authorities to review guidelines that kept the guards from intervening.

“Public safety is our top priority. I am appalled by the sight of uniformed guards standing by while a person was kicked and beaten,” King County Executive Dow Constantine said in a statement released Wednesday.

“I have ordered a full review of all operating polices that govern Metro’s contract with civilian security guards to determine what changes must be made. People have an expectation of safety when riding public transit, and we must take every measure we can to assure that.”

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