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Independent Programmers' No-Win Scenario

snydeq writes "Fatal Exception's Neil McAllister writes about the no-win scenario facing today's independent programmers: 'In a knowledge economy, programmers rank among our most valuable workers, yet the current legal and regulatory climate makes a career as an independent software developer virtually a dead-end prospect.' Section 1706 of the 1986 Tax Reform Act, the hurdles and costs of obtaining health care for one's own family, a hostile legal climate in search of accountability for any defects in code — these harsh realities make it 'easy to see why software developers would give up on entrepreneurship. For many, the risks simply don't match the potential rewards. Better to keep their heads down, not rock the boat, and hope they can hang onto their jobs until retirement.' Great news for big software vendors, which will be 'ensured an endless supply of programmers desperate for the safe haven of a steady paycheck, predictable taxation, health benefits, and a shield from civil prosecution when their code turns up buggy. But where will the next Microsoft come from? A field that discourages self-reliance sends the message that the status quo is the highest goal.'"

12 of 552 comments (clear)

  1. yeah. its much better to be p0wned by FudRucker · · Score: 5, Insightful

    its much better to work for some huge soulless corporate pig where everything you create is owned by the pig and all you get is a measly salary and the pig gets richer and fatter while you wonder if you have enough to retire on at 65

    --
    Politics is Treachery, Religion is Brainwashing
    1. Re:yeah. its much better to be p0wned by s122604 · · Score: 5, Insightful

      its much better to work for some huge soulless corporate pig where everything you create is owned by the pig and all you get is a measly salary and the pig gets richer and fatter while you wonder if you have enough to retire on at 65

      When you have a wife a kid(s) depending on you, when health benefits for you/your wife/kids would cost 5 times as much (if they are available at all, if you have any kind of special needs, or pre-existing conditions, forget it) and half as good, then yeah, it does... The republicans like to burn sacrifices at the alter of "small business" and entrepreneurship, but they are full of it.. There are plenty of folks out there who have idea/dreams, who would go out on their own, but have to make the decision to stay in a job's that don't reveal their full potential, jobs they may even hate because of this..

    2. Re:yeah. its much better to be p0wned by Anonymous Coward · · Score: 5, Informative

      As a Type I diabetic - big corporate is basically the only option for me.

      Startups and self-employment are not options, yay for preexisting conditions!

      Good news is that I'm an EE, not a software guy. EEs get shit on somewhat less by big companies.

    3. Re:yeah. its much better to be p0wned by cptdondo · · Score: 5, Insightful

      Yup. I had a successful small business that I sold a few years ago. I'd love to start a new business - I hate the current pointless grind I'm in - but I am, for all practical purposes, uninsurable.

      My crime is that I am over 50, with numerous "pre-existing conditions" (read: I filed claims) and I have a wife and two small kids.

      No insurance company will sell me health insurance for anything like reasonable rates. The last insurance policy I had cost about $15K/year and covered nearly nothing.

      So instead of being part of the solution - the compnay I had employed 8 people - I am part of the problem, seeking a job that has good benefits and low demands.

      Tell me again how not having universal health care is good for small business?

    4. Re:yeah. its much better to be p0wned by Archangel+Michael · · Score: 5, Insightful

      When you have a wife a kid(s) depending on you, when health benefits for you/your wife/kids would cost 5 times as much (if they are available at all, if you have any kind of special needs, or pre-existing conditions, forget it) and half as good, then yeah, it does

      We don't treat health insurance like insurance. Insurance is for EMERGENCY and RARE EXPENSIVE claims.

      I know of one doctor, who no longer takes insurance because taking insurance cost him too much. He now can offer a regular checkup for very inexpensive cost, and he makes more money in the process. He doesn't have to hire two full time clerks to battle against the insurance companies, saving him tons of money. He doesn't have to get paid less for some people than for others. He charges ONE price for everyone and is able to provide better care and service.

      Insurance companies are nothing but middle men skimming BILLIONS (or trillions) out of heath care each year. Those BILLIONS (or trillions) would be better spent on HEALTH CARE than insurance (paper pushing), however nobody is willing to even address THAT issue.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    5. Re:yeah. its much better to be p0wned by Beardo+the+Bearded · · Score: 5, Insightful

      Public health care. I've had it for my whole life. I'm Canadian.

      In BC (we're hosting the Olympics in case you don't own an Atlas) we have insurance covered by the Medical Services Plan. For a family, it costs about $120 every month. Everybody must pay it, with exceptions and pro-rating for those with low incomes (basically, under $35k a year and you don't pay.).

      It covers your basic medical coverage. This is everything from surgery to bandages. I was born via c-section, as were my two kids. It cost me $0. My kids were hit by a car. It cost me $65 for the ambulance. I had heart palpitations a while back; I got a Holter, stress test, ECG, and bloodwork for $0. As for waitlists, I had chest pains and had an ECG within 15 minutes of arriving at a nearby clinic (and saw a doctor with whom I had no previous relationship.)

      You can get extended coverage, available privately, which will cover dental, optical, massage, prescriptions, etc. Lots of jobs include this as a perk, and will often cover those MSP premiums.

      If you don't have your "public option" then you simply don't have health care. Otherwise, insurance will only be available for healthy young adults. If I understand your constitution correctly, assassination is acceptable for those who would threaten that option. It is, technically, self-defence.

      Your health companies are being very odd with this -- you can set the levels of basic care, and then let people buy extended coverage. We've got that up here. We just make sure you don't have to pick which finger has to get sewn back on or make you flash a CC before you see the OR.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    6. Re:yeah. its much better to be p0wned by B4D+BE4T · · Score: 5, Insightful

      This is a great example of why I think the current debate over US health care is focused on the wrong issue. The problem is not the cost of health care insurance, the problem is the cost of health care itself. Sure, there are many problems with health insurance, but the question we need to be asking is not "how do we pay for health care?" The question we need to be asking is "why is health care so expensive?"

      It is ridiculous that simple things like diagnosing/curing a common disease or setting a broken bone cost as much as they do. It is even more ridiculous that these things are so expensive that we need insurance to pay for them. Bring the cost of health care down and we can save insurance for the uncommon stuff, which should bring the cost of insurance down as a result.

    7. Re:yeah. its much better to be p0wned by dgatwood · · Score: 5, Insightful

      That's because their primary job is not to make the country better. Their primary job is to get reelected. This is why we need A. slightly longer terms (say eight years), B. term limits (one term, period), C. campaign spending limits, and D. a total ban on third-party campaign ads that mention candidates by name. That's the only way we'll ever fix this problem.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  2. Re:Why just programmers? by commodore64_love · · Score: 5, Informative

    >>>Most all other occupations face the same challenges and pitfalls.

    No. The U.S. Congress passed a law that specifically targets programmers. Quoting a previous slashdot article: "Section 1706 of the 1986 Tax Reform Act. Under the law, certain classes of workers, including anyone who engages as a "computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work," are considered de facto employees for tax purposes, regardless of whether they claim to operate their own businesses as independent contractors. The IRS can impose significant tax penalties on companies who hire such workers as contractors rather than full employees, a fact that can make it extremely difficult for self-employed programmers to find work."

    An engineer can be independent designer, and yet still find work with someone like Lockheed.
    A programmer who is an independent will not be hired, due to Lockheed being afraid of the IRS punishment.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  3. socialized medicine... by Sleepy · · Score: 5, Insightful

    It's funny how all the big-business fat cats claim that "socialized healthcare" is bad for SMALL business, when yeah... lack of affordable self insurance is the PRIMARY reason many dreamers never give their nagging small business idea a go...

  4. Re:What a whiny load of crap. by digitalhermit · · Score: 5, Insightful

    If it worked like that it would be awesome. But it doesn't.

    Say you are an independent programmer with EIN in hand. You walk up to Acme Industrials and present your resume and EIN. They contract you because, dammit, you're really good. A few months go by. You're very good, and love the independence of contracting. So good, in fact, that Acme renews your contract. Life is good.

    Tax season rolls around. The government says, "Hey Acme, your awesome programmer contractor is really an employee. You owe us 30% of his salary in withholding tax. You owe use unemployment taxes. You owe us social security taxes. You owe use these other fees. And you're late on paying for the past three years also. Pay or lube up."

    Acme gets rid of the awesome contract programmer who is so damn good that he doesn't need an agency to find him work. Well, at least he didn't before.

  5. no one told me I shouldn't be winning by mt1955 · · Score: 5, Informative

    About this time last year I was working as the IT manager for a multinational manufacturer. The IT group was targeted for yet another round of cost-cutting; they gave me an hour to decide who would get a buy-out package and a shove out the door. I talked them into letting it be me, put the buy-out money in a rainy day account and started my own software company. I told my wife that if we weren't cash positive within 6 months I would give it up and start looking for a real job. Over the last 12 months we've made more than they were paying me in the "real job" and we've never actually had to fall back on the rainy-day account, in fact we've almost doubled it.

    Starting my own company was not easy. I have to sell, communicate well, be easily accessible 7/24 and give my clients plenty of sound business reasons to keep coming back in between turning in top quality work on time. I'd have to work my a** off and most days are 12~16 hours long. I have still managed to take two vacation weeks since I started and we have a third week schedule for May... on vacations I do have to keep one eye on my email and be willing to get up a few hours early to handle anything that can't wait until we get back.

    There are no sick days or personal days. Working for yourself means you both have all the time in the world and no time. Before when a stupid boss would make unreasonable demands or mistakes I just had to deal with it. When a client makes unreasonable demands I just charge more. They can be as unreasonable as they want $$$

    To start your own company, software or otherwise;

    - be prepared for long hours, don't let a client down even if it means pulling all-nighters until your not sure what day it is
    - force yourself to learn the new things consistently, figure out where your clients need to be 6 months from now and learn or do whatever it takes to be there waiting for them
    - find an accountant you trust to handle the tax laws
    - find an attorney you trust to handle the legalese

    I've never been happier in my career.