Independent Contractor CFI Removed from Work w/o Cause

[aviator430]

I am an independent contractor CFI for a flight school that manages its reservations using an online scheduling system. Students schedule the school's aircraft and a listed instructor like me at will. I set my availability in the scheduling application. When a student books me for a flight, I arrange my personal schedule to ensure my plans the night before and the day of will allow me to be on time to the flight and fit for duty.

A student booked me and one of the school's aircraft for a lesson 6 days prior to the lesson date. 18 hours prior to the reservation, the manager of the school removed my name from the reservation and replaced it with his own, without notifying me until it had already happened. I attempted to call the manager and his boss, but they would not return my calls. The manager blamed his boss, claiming his boss advised him to do it. The boss texted me on Saturday morning confirming that it was his decision to change the reservation. I know the student personally and introduced him to the school. That student scheduled me for the lesson, not another instructor.

Has anyone had a similar experience? How did you handle it if the boss doesn't believe he was in the wrong? I believe I am entitled to some form of repayment for the cancellation by the company. I am not an employee, so as an independent contractor, reservations made by customers are my contracts to work. I am not permitted to work for any other company while under my independent contractor agreement with this one.

Nobody would sign a contract that says "All reservations are tentative, and you may be removed from one without notice for any reason."

* edited to provide some clarity on the original question

 

[MAKG1]

Entitled? Probably.

Worth nuking that bridge (it's well beyond burning)? Very doubtful.

You don't have much experience in the professional world, do you? This is one of those painfully obvious times where you can win the battle and lose the war. Even in another city, your next employer will want to talk to your last.

And it's very possible to be right and unemployable at the same time.

 

[warthog1984]

Moving in a few weeks, with (I'm guessing) a student who was either new or unhappy with you?

Suck it up, take it as a life lesson, and move on.

 

[MachFly]

Talk to the boss, find out what the problem was, get him to agree that it will not happen again and move on. This kind of stuff happens in aviation. It's not like you arrived at the airport and found out the flight canceled, you knew in advance.

You fly so little that 1.4hrs makes a big difference?


Just the other day I was driving to the airport for an overnight flight, on the way there they called me and said the flight cancelled. Oh well, I turned around and went home. &h1t happens.

 

[aviator430]

Moving in a few weeks, with (I'm guessing) a student who was either new or unhappy with you?

Suck it up, take it as a life lesson, and move on.

No, that is not the case at all. The management signed me on in May knowing full well I needed to leave in September. It was supposed to be a very smooth arrangement, where I'd work a few hours a week for them, but I've been treated like crap ever since I signed on. This is the first instance, however, where I've lost money as a result of something they did.

 

[airdale]

Welcome to the real world, which does not owe you anything.

 

[aviator430]

Talk to the boss, find out what the problem was, get him to agree that it will not happen again and move on.

You fly so little that 1.4hrs makes a big difference?

Just the other day I was driving to the airport for an overnight flight, on the way there they called me and said the flight cancelled. Oh well, I turned around and went home. &h1t happens.

Are you an independent contractor for that company? When a student cancels on an instructor within 24 hours, they require them to pay us a $45 cancellation fee.

And yes, with a policy that does not allow me to fly for other companies, 1.4 hours does make a difference. The school had no reason to remove me from the reservation. If they wanted to do something with the student they had 5 full work days during which they could have worked something out with me. But now that I rearranged my life to work the reservation, I should not have been removed.

Agreed about talking to the boss -- that's the first step. But note that these are not reasonable people. I've never had a situation this ridiculous with them, though.

 

[MachFly]

Are you an independent contractor for that company?

You can say that.

And yes, with a policy that does not allow me to fly for other companies, 1.4 hours does make a difference. The school had no reason to remove me from the reservation. If they wanted to do something with the student they had 5 full work days during which they could have worked something out with me. But now that I rearranged my life to work the reservation, I should not have been removed.

Agreed about talking to the boss -- that's the first step. But note that these are not reasonable people. It's just never gotten to this level.

I understand and I agree it sucks, it sucks any way you look at it. But it can't possible be that big of a problem that it's worth going to court over it.

 

[aviator430]

You can say that.

I understand and I agree it sucks, it sucks any way you look at it. But it can't possible be that big of a problem that it's worth going to court over it.

I appreciate your perspective.

 

[Kristin]

Well, if you are being called an independent contractor, but are prevented from working for others, then you are very arguably not an independent contractor. If you want revenge, and maybe to get some money back, turn them into the state labor board. Here in California, that could open up an entire can of whup ass on the your employer. Then can be fined, required to pay back benefits, etc.

 

[aviator430]

Well, if you are being called an independent contractor, but are prevented from working for others, then you are very arguably not an independent contractor. If you want revenge, and maybe to get some money back, turn them into the state labor board. Here in California, that could open up an entire can of whup ass on the your employer. Then can be fined, required to pay back benefits, etc.

I am well aware of this, too. Our state has a test to determine whether or not a business can consider a worker an independent contractor, and I fail 90% of the criteria working for this company. I fail greater than 75% of the criteria the IRS uses to accomplish the same thing.

I am not out to shut the company down, although I am aware they are performing unfair business practices with their instructors specifically on the issue of taxes. I just wish they wouldn't interfere with student-scheduled reservations if they choose to (albeit illegally) classify me as an I.C., because I am supposed to be able to manage my own schedule with that designation.

 

[airdale]

People, get a grip. This is a minor issue reported by someone who is probably a child. There is also undoubtedly more to the story.

 

[aviator430]

People, get a grip. This is a minor issue reported by someone who is probably a child. There is also undoubtedly more to the story.

The story is as black and white as it gets. If you have additional questions I'm happy to answer them. I was just seeking out others who may have been put into similar situations and seeing how they handled it.

 

[docmirror]

I'd like to know what law they broke? If you are in an at-will employment state, and you are on a casual schedule(not fixed, varied hours) they owe you nothing in my opinion except a phone call which I think you got. If you are not in an at-will employment state, and you are still a casual hours contractor they may owe you a cancellation fee, or they may not. It gets complicated.

Are you paid on a 1099 or W2? Are you in an at-will empl state?

 

[Gucci Pilot]

No, that is not the case at all. The management signed me on in May knowing full well I needed to leave in September. It was supposed to be a very smooth arrangement, where I'd work a few hours a week for them, but I've been treated like crap ever since I signed on. This is the first instance, however, where I've lost money as a result of something they did.

So you signed a contract to work with them for 5 months, and aren't actually an employee?

I'm not saying it is right at all, but I can kinda see why you have gotten the shaft. I'm sure in their mind, they think that when they hired you on for such a short amount of time, that they were doing you a solid. I would have gone in and spoke to the manager(not in front of the student) and politely asked if you did something wrong which resulted in him taking you off the schedule, in person(not over the phone or in a text). But this is not something I would raise hell about.

At the flight school I worked at, the freelance guys all had full-time jobs and only did it to get free flight time. When it came to scheduling flights, they were used as a last resort. The guys I chose were the guys that worked full-time cause them flying put food on the table.

Life happens. I show up to fly trips and the planes broke, I show up for weekend sims and the sim instructor decided to cancel without giving anyone notice(talk about a waste of two hours driving time). If a whole 1.4 hours is what you are honestly ticked about, just pencil whip it in.

 

[Shawn]

As a perspective as an employer...they unfortunately do not legally owe you anything barring a contract, guarantee, or pre negotiated cancellation fee. Your hours got cut...or rather sniped by the boss...but you did not perform any services that warrant being paid. Welcome to the life an an "at will" employee.

I agree it was a jacked up move...but your options are A) quit, B.) negotiate with the boss but be ready if it turns ugly or if you wanna continue working there, C) get in writing a cancellation policy with the school for future gigs.

...or D) make their lives living hell and report them as you are in no way shape or form a legal Independent Contractor. You are an employee. The first criteria...are you told what time to report to the job?...then yup, you are an employee in the IRS eyes and probably your state.

 

[denverpilot]

If you're leaving in a month, was it a new Primary student? Perhaps they realized one of the most annoying things to any new student is changing instructors in the middle of training for a rating? Were you up front with the student that you're outta there a month from now?

Just a thought. Perhaps they're trying to run a flight school and a new student on your schedule isn't good customer service.

If it was just a BFR or getting someone current to rent from them, different story.

 

[Gucci Pilot]

If you're leaving in a month, was it a new Primary student? Perhaps they realized one of the most annoying things to any new student is changing instructors in the middle of training for a rating? Were you up front with the student that you're outta there a month from now?

Just a thought. Perhaps they're trying to run a flight school and a new student on your schedule isn't good customer service.

If it was just a BFR or getting someone current to rent from them, different story.

Agreed

 

[TommyG]

It's called the world of aviation, plan on getting crapped on a lot in this business.

 

[aviator430]

If you're leaving in a month, was it a new Primary student? Perhaps they realized one of the most annoying things to any new student is changing instructors in the middle of training for a rating? Were you up front with the student that you're outta there a month from now?

Just a thought. Perhaps they're trying to run a flight school and a new student on your schedule isn't good customer service.

That is a good thought. The student is new, but I was clear about when I needed to leave. The student wanted to train with me, and the manager wanted me to train him, so everyone was on the same page. The student is back on my schedule again. Will those reservations be reassigned to another instructor again? Will I have to wait until 18 hours before the reservation to really know if I'm going to be making money that day? Those are questions I will address this week with them.

 

[aviator430]

...a new student on your schedule isn't good customer service.

I agree. See my above response. Additionally, I would have had no problem with a phone call or text with what you mentioned being the reasoning for a reassignment. The reasoning I was given was that they wanted to ensure I was fully complying with the school syllabus, which makes no sense. It was just a money grab -- plain and simple.

 

[JHW]

I believe I am entitled to some form of repayment for the cancellation by the company.

You believe wrongly. You are not "entitled" to squat. At face value, you already got the courtesy of a phone call before you left home.

 

[MAKG1]

I agree. See my above response. Additionally, I would have had no problem with a phone call or text with what you mentioned being the reasoning for a reassignment. The reasoning I was given was that they wanted to ensure I was fully complying with the school syllabus, which makes no sense. It was just a money grab -- plain and simple.

It makes all kinds of sense if there was a complaint or a problematic phase check. Just because you don't agree with it doesn't make it BS.

 

[aviator430]

It makes all kinds of sense if there was a complaint or a problematic phase check. Just because you don't agree with it doesn't make it BS.

Certainly does, but the student wouldn't be texting me about how much fun he had on L1 and L2, wouldn't have scheduled me again if he didn't like something I did, and wouldn't have asked me why I "couldn't make the lesson" on his last reservation if he had filed a complaint against me. I understand your perspective, though.

 

[Hawker800]

I would never ask for someone's opinion on this forum.

 

[denverpilot]

That is a good thought. The student is new, but I was clear about when I needed to leave. The student wanted to train with me, and the manager wanted me to train him, so everyone was on the same page. The student is back on my schedule again. Will those reservations be reassigned to another instructor again? Will I have to wait until 18 hours before the reservation to really know if I'm going to be making money that day? Those are questions I will address this week with them.

If you're not sticking around through the student's checkride, you're probably doing the student a disservice.

Switching instructors mid-stream is a pain in the ass. Understand you need to make a buck or two but you may want to explain this to the student prior to even doing lesson number one with them.

Unless the student is going to fly multiple times a week, you're probably not even going to get them through solo before you bail on them.

I won't speculate and state for a fact that is a reason why they're messing with your reservations but I'd throw it out there to you as something to consider when you talk to them. They might be looking at the schedule thinking all you have is their new students and aren't finishing anyone up right now and now is a good time to part company with you before you tick off a student who has to live through the hassle of changing instructors after only a few flights.

You're in an awkward position in that they have a contract with you but they maybe don't want to hurt the long term business.

Just putting it out there for your consideration. You push too hard, you may just be shown the door. It's a lot more lucrative to keep a new student than to keep a CFI who's leaving in a month. Just sayin'...

 

[Henning]

You have limited options: You deal with it, stay there and expect it to happen in the future, you find another flight school to work out of, you buy a plane and go independent; that's the basics.

 

[Gucci Pilot]

The reasoning I was given was that they wanted to ensure I was fully complying with the school syllabus, which makes no sense. It was just a money grab -- plain and simple.

Judging by this whole situation and your timeframe, I would venture to bet you must be a new college CFI working at a local flight school to earn some change before you go back to college, am I wrong? They probably think you need to be watched over a little, which to be honest is fair. I would not take this too seriously, or personally, and quit thinking you are entitled to something. Small claims court over probably $30 and 1.4 hrs in the logbook....really?!

On another note, who signs a contract as an "independent contractor" but is not allowed to instruct anywhere else? My best advise, read a contract before you sign it next time. Or better yet, take it home and look at it. If something doesn't look right or fair, address it right there and have them change the terms or politely tell them thanks but no thanks. These guys seem like a shady and cheap operation that I wouldn't want to be associated with.

 

[James331]

As a perspective as an employer...they unfortunately do not legally owe you anything barring a contract, guarantee, or pre negotiated cancellation fee. Your hours got cut...or rather sniped by the boss...but you did not perform any services that warrant being paid. Welcome to the life an an "at will" employee.

I agree it was a jacked up move...but your options are A) quit, B.) negotiate with the boss but be ready if it turns ugly or if you wanna continue working there, C) get in writing a cancellation policy with the school for future gigs.

...or D) make their lives living hell and report them as you are in no way shape or form a legal Independent Contractor. You are an employee. The first criteria...are you told what time to report to the job?...then yup, you are an employee in the IRS eyes and probably your state.

I think that sums it up

For one what did you expect starting with a company, when they knew you're only going to be around for a short time, not a great deal for the company, or the students for that matter.

Did that screw you over, meh, kinda, they gave you some notice, I find the way they let you know to be a little chicken chit though.


SOO, you can

A, suck it up and move on, ain't like this was going to be a long lasting job for you anyways

B, report them to the state and IRS, personally I hate it when companies pull that 1099 crap on folks who are NOT 1099. I will tell you TONS of mom and pop shops play the 1099 game. Best way to combat that is to ask to be paid in cash.

Also next time don't let them get one over on you being a exclusive 1099, they want exclusive that's a salary position.


If it were me I'd just walk away, I don't think you have enough invested for it to be worth the fight.

 

[Henning]

Yeah, you need to read the IRS test for being an independent contractor. Sounds like your arrangement fails the test. The flight school can get in a buttload of hurt for this, the IRS swept through the industry about 25 years ago on this very subject and there were schools that had to pay back taxes, fines, and penalties and go through audits over it, I know one that couldn't recover. It used to be common for flight schools to call CFIs ICs yet make them come in the office and answer phones or man the couch (with or without pay) and IRS said "nope, they are employees." Complaints by CFIs got that started, IRS takes complaints about cheating employers seriously lol.

 

[Pedals2Paddles]

Have you called or knocked on the bosses door to politely ask why? You know, something like this...

"Hey, About that lesson the other day. Why did I get bumped off of it? Did I do something wrong?"

I'm guessing not. Until you ask why, I'm not sure what the point of this thread is.

 

[airdale]

Yes. There is another side to this story. From experience as a CEO I believe that there is almost no chance that the situation is exactly "black and white" as the OP sees it.

aviator430, when you approach your employer you should remember a very important rule of life:

Do not kick today that which you might have to kiss tomorrow.

If you leave every job and every relationship on good terms you will build a network that can provide referrals, job leads, or other positive things that you may not even know about directly.

Conversely, though it can be satisfying to one's ego to pee on the carpet, tip over the coffee machine, dump the wastebasket on the boss's head, and stomp out, you can be absolutely sure that no good will come of it. And you can be pretty sure that your behavior will be remembered and remarked upon in situations where it is detrimental to you.

So forget all the babble about independent contractor status, small claims court, the IRS, etc.

 

[docmirror]

W2 or 1099 income reporting? Still waiting.

 

[poadeleted20]

I believe I am entitled to some form of repayment for the cancellation by the company. I am not an employee, so as an independent contractor, reservations made by customers are my contracts to work. I am not permitted to work for any other company while under my independent contractor agreement with this one.

What does your contract with the flight school say about this? If they violated your contract, you have legal recourse. If not, you probably don't. Either way, if you really want to know the answer, you need to take your contract and your grievance to an attorney familiar with your state's labor and contract law. However, that answer will probably cost you more than you could recover, so choose wisely.

Beyond that, you need to speak with school management about this and come to a decision whether or not they will agree not to do this again. If they will not agree, then you have to decide whether you will continue to work with them under those conditions.

 

[flyingron]

Independent contractors don't have employers. They have customers. If they have an employer they almost certainly are being mischaracterized as a contractor. The more the customer exerts control over you the less likely you are validly an independent contractor.

 

[ja_user]

I am an independent contractor. I don't have a contract with any particular FBO, I don't have to set my billing per their practices (Other than I collect it myself). I do have some that I do a lot of my instruction at, but that changes over time.

If a student wants another instructor, I will recommend them one. If they stop calling, I follow up. If they switch, I can't be mad at them or the FBO, or the new CFI. They may have found a better fit, and that is just fine..

The fact that you are leaving soon should tell you something. If I was a not yet solo'd student and found my cfi would be leaving in 1-2 months, I would immediately find a new one. There would be no benefit to continuing with him, he isn't the one I will have to prove my solo/checkride requirements too.

 

[Old Geek]

1. We don't know that we know the whole story. You might not either.

2. You're not an independent contractor, even if your contract says you are.

3. Things like this happen all the time.

4. Aviation is a small, tight-knit community. Being a whinny little ***** about this will probably bite you in the ass.

 

[poadeleted20]

I am an independent contractor. I don't have a contract with any particular FBO,

Note that one need not have a contract to be an independent contractor, but for your own protection in case of something like this, it's a real good business practice.

 

[ja_user]

Note that one need not have a contract to be an independent contractor, but for your own protection in case of something like this, it's a real good business practice.

Understood

 

[poadeleted20]

1. We don't know that we know the whole story. You might not either.

Agreed.

2. You're not an independent contractor, even if your contract says you are.

No way to say that from here -- see item 1., above. There are legal tests to determine whether one is an employee or an independent contractor, and we don't have enough information to make that determination. However, for the purpose of this discussion, I've assumed the OP knows his status. If there's any doubt, see what I said above about getting an attorney who knows labor law.