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Enforcing Policy to Independant Contractors

Complaint Rating:  100 % with 1 votes
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United States
This company sells tons of items created by professional and non-professional designers. They have millions of people operating as so called "designers" for this company as independent contractors, in which they actually ask for a social security for the 1099.

A portion of the internal team called 'content management' continuously intimidates the work people publish by claiming false 'copyright & trademark' infringement, resulting in design content being removed after the designer has easily already spent 8 - 16 hours on a particular design. When confronting them about the false claims they continually argue through out the illegitimate claims about infringement, and then they start to randomly delete more content after the fact once you confront them. The statements that they use in defense as a last resort, is that the designers are obligated to abide by the zazzle policy to continue to post designs - refusing to admit that they are wrong on 'copyright and trademark' issues.

This content management team continues the removing of time-spent illustrations, even after complaints to other areas in the company. The problem with this is they are continually utilizing this to intimidate designers and 'control the work-being-performed'. In accordance with the IRS, by attempting to "control" the work as stated by the IRS in the following statement, " However, whether these people are independent contractors or employees depends on the facts in each case. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the ::result:: of the work and not what will be done and how it will be done." Furthermore, "You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed."

The way that Zazzle's Content Management randomly pulls designs based off of speculation of policy wrong-doing to control and intimidate the designer, and furthermore declines to prove any illegal wrong doing when questioned, dictates by method of an illusive policy "What will be done and how it will be done". Also, the simple fact that Zazzle has a ::Policy:: which dictates what the IRS call "Behavior" Control, "Behavioral control refers to facts that show whether there is a right to direct or control how the worker does the work. A worker is an employee when the business has the right to direct and control the worker. ", and this "Behavior" Control results in what the IRS calls an "Evaluation" System where "If an evaluation system measures the details of how the work is performed, then these factors would point to an employee."

In lieu of Zazzle abusing the Independent Contractor Status to thousands of people, by enforcing a "Behavior" control through an "Evaluation" System, resulting in tons of profit for Zazzle without the pay required by law at minimum wage hours. It is a sad thing when many designers either have to tolerate the psychological bullying presented by this company that a normal paycheck would at least compensate. Mostly it is just sad for this company to be so disrespectful to the designers who spend 12 - 30 hour extra a week doing designs for this company. Most people tolerate the dimensional politics for the sake of their paycheck, but Zazzle doesn't even guarantee this.
Complaint comments Comments (1) Complaint country United States Complaint category Employment, Staffing, Recruiting Agencies
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 28th of Nov, 2014 by    0 Votes
I just got 3 emails saying ZAZZLE removed items for non-compliance! My work is 100% original and family viewing only. I called and they had no good answer plus I was on line for 45 minutes (30 minutes were hold time), then I was shunted off to some stranger's voice mail.

I also have an issue with their pricing, and I've had 3 orders in a row come through wrong. It's probably a coincidence about the items they removed - I WILL GET TO THE BOTTOM OF IT! - after all my emails and phone calls about other ZAZZLE failures, but who knows????

I don't go away, especially if you disrespect me, so ZAZZLE will hear much more from me, including zillions of posts on line!

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