I received an automated call from a company I occasionally work with as an Independent Contractor. As per previous emails I had received from this company, I knew the nature of their call was to contract with me as an independent contractor to perform work for them in my local area. I was not able to answer the original call but saw from Caller ID who the call came from. I called that number back and one of their representative's answered, informing me of the job opportunity they wished to contract with me to perform. When I brought up problems with their automated system and pricing for jobs of this sort, they claimed to not represent the company and were completely not responsible for any calls I had received or representations that had been made to me. They claimed they were completely independent and that it was a personal intrusion of their privacy for me to inquire if they were a representative of the company -- yet they were acting on behalf of the company to try to contract with me for hire to complete a job at their request.
Was this a representative of the company? Or could any person roam their halls, pick up a phone, call independent contractors through their phone system and hire them to perform jobs for that company, collect a paycheck as that company's employee, and legally claim to not be a legal representative of that company? Is the company not liable for people who use their phone systems this way, paying them to do so, but not really liable as an employer? Is this employee not really an employee but an individual citizen acting on their own behalf but yet still acting to contract on that company's behalf?
The employee was seeking to skirt all responsibility for anything they said or did, and to portray the company as not responsible for anything that company communicated to independent contractors in the field. But there was responsibility and likely misrepresentation if the employee was a representative of the company, acted as such, but would not acknowledge their accountability for such.
Was the company and/or the employee responsible for their words or actions in attempting to contract with another party?
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