EL-19 EE
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1. a. Describe the work done by the worker for the
firm. Inspect FEMA Applicants home for FEMA Assistance in a Declared Disaster area (In Mobile Alabama)
b. Is the type of service performed by the worker the same type of service provided by the firm? Yes No YES

2. a. If the work is done under a written agreement, attach a
copy of the actual agreement signed by the firm and the worker. Some times there is an ancillary

  written agreement. Parsons Brinkerhoff must be requested to give you a signed agreement if one exists.

b. If the agreement is not in writing, describe the terms and conditions of the work arrangement.

The Agreement is both ancillary and constantly changing on a  day to day hour to hour bases.
c. If the actual working arrangement differs in any way from the agreement, explain the differences and why they occur. See above.

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EL-19 EE Rev. 4/91
3. a. Is the worker given training by the firm? Yes
No …YES..
If yes, what kind? How often? …Initial , Periodic during the disaster , and ongoing through their review office on a daily bases..

b. Is the worker given instructions in the way the work is to be done? Yes No …YES..
If yes, give specific examples: …The work instructions are constantly changing .1 Daily broadcasts are made as to the changes by phone to a company wide broadcast.2. Worked reviewed by the Firm is requested to the employee be changed   3. Quality Control inspections done after the work is submitted are often sent back to the employee to reflect the new changes. 4.Phone calls are made directly to the employee.
c. Attach representative copies of any written instructions or procedures. …Yes they will be faxed along with other proofs with this initial fax..
d. Does the firm have the right to change the methods used by the worker or direct him as to how to do the work?
Yes No Explain your answer: …YES. The work instructions are constantly changing .1 Daily broadcasts are made as to the changes.2. Worked reviewed by the Firm is requested to the employee be changed   3. Quality Control inspections done after the work is submitted are often sent back to the employee to reflect the new changes. 4.Phone calls are made directly to the employee.
..

e. Does the operation of the firm’s business require that the worker be supervised or controlled in the performance …..
of the service? Yes No Explain your answer: …Yes the work is constantly controlled sometimes by an assigned supervisor in the field sometimes by Reviewers working for PB the firm and by FEMA employees in the field monitoring the work..
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4. Is the working relationship that of a continuing nature, or is it in the nature of a single transaction? Please explain: …The work is of an ongoing nature similar to a temporary employee on a as needed bases.

5. a. Is the worker expected to perform all or substantially
all services personally? Yes No …YES..
b. Does the worker have helpers? Yes No …The employee can not hire any other workers and there is no evidence that any of the work has ever been sub contracted out . This is a moot issue also as the FIRM would simply make the criteria for subcontracting impossible or fire the employee..

…..
1. Are the workers hired by the firm or the
worker 7 …See above..

2. If hired by the worker, is the firm’s approval necessary? Yes No…See 5.B..
3. Who pays the helpers? The firm
or the worker … See 5.B..
4. If the worker pays the helpers, does the firm reimburse the worker? Yes No See 5.B

…..
5. Who reports and pays taxes on the helpers? The firm or the worker See 5.B

…..
6. May the firm discharge the helpers? Yes No If no, can the firm require the worker to discharge the helpers? Yes No See 5.B
…..

6. a. Is the worker required to follow set hours of work?
Yes No If no, explain: _______________…YES the employee is expected to work every hour of the day and the company refuses to pay overtime, Fringe benefits or additional monies for hourly wage. This is in direct violation of the Firms Contract with FEMA signed in the year 2000. It is also in violation with the Congressional Service Contract Act signed into law by congress and under the laws of the Labor Department. .
b.
Are lunches and
breaks
controlled?
Yes No no, NO…..
explain:

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7. Does the worker report to the firm or its representative?
Yes No If yes: …YES..
How often? …The employee is asked to request from the FEMA Applicants to use their home and phone equipment to contact the Firm with completed inspections and photos. This is to say the least highly unethical and possibly unlawful according to the Sanford Simpson act signed into law by Congress...
For what purpose?________________________________________
In what manner? (In person, in writing, by telephone, etc.)…..
Attach copies of report forms used in reporting to the firm. …All reports are generated on FEMA’s supplied computers and software and under the privacy act you must request those reports from FEMA as it would be unlawful for me to do so..

8. a. How is worker paid? …The employee is paid by holiday pay bonus, travel expense pay , bonus pay , and per inspection completed pay. He alos is requested to do work that he does not get paid for even though the employee has considerable expense in doing the work. The example of this is no contact inspections where by the application was either fraud or was unable to be located at the time. .
Salary Commission Hourly Wage
Piece—meal Lump Sum Percentage of Profit
Other Explain: ___________________________________ …..

b. Sources of income of worker: O
Only one source? Yes No Unknown If
no,

1. What other sources? …..
2. % of time spent for firm …..
3, % of time spent for others _______________________ …..
4. Does firm have priority of workers time? Yes No If no, explain: …YES if the employee works also for any other firm he is let go as it takes the employee entire time during the day to fulfill the time sensitive applications. Turn around time is 3 days. If that is not accomplished the Firm fires the employee and no additional work is given. Sometimes we are told to do an applicant as a Priority to our usual work if it has Congressional attachments to it or if it is helping in investigate fraud.
9. a. Does the firm reimburse the worker for any expenses? …YES...
Yes No If yes, specify the reimbursed …..
expenses: … for initial travel to and from site..
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EL-19 EE Rev. 4/91
b. Does the firm allow the worker a drawing account or advance against anticipated earnings? Yes No If yes, …..

I. Is the worker paid such advances at regular and stated intervals? Yes No If yes, when? …NO..
2. Is the worker required to return the excess of advances over actual earnings? Yes No…NO..
10. a. Des the worker perform his services on the firm’s …..
premises? Yes No …YES occasionally in the field offices set up with the supervisors..
b. Does the firm supply the tools (not to include hand tools) for the person doing the work? Yes No YES all tools are supplied by the FIRM and we are not allowed to use our own tools. Computers software ect.

c. Does the firm provide the materials used by the worker? Yes No …YES.and only the materials the FIRM provides may be used.
d. Does the worker rent or lease from the firm tools, equipment or workspace to be used while performing services for the firm? Yes No …NO..
e. Does the worker wear a uniform or special clothing while performing services for the firm? Yes No If yes, YES…

1. Is this a requirement of the firm? Yes No …Occasionally but due to the perceived mismanagement of FEMA with all the people that died in New Orleans by the applicants and public at large we were requested not to wear the FEMA shirts for our own personal safety. How ever we are always ask to wear our FEMA / PB ID badges.
2. Is the uniform or special clothing provided by the firm? Yes No …YES it was given to the FIRM from FEMA..
3. Is the firm’s name on the uniform? Yes No …NO..
4. Does the firm pay for the cleaning of the uniform or special clothing? Yes No …NO..

11, a. Does the worker hold himself or herself out to the public as available to do work of a similar or related nature to that performed for the firm? Yes NoNO.  as it would be unlawful and the rules of conduct prohibits from acting like a independatn Contractor. Conduct rules attached to this email.

If yes, and services were actually performed for others, attach a list of the names and addresses of such other persons and briefly describe the services: …..
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b Does the worker advertise in newspapers, etc. or maintain a business listing in the telephone directory?
Yes No …NO..
C. Does the worker maintain an office or shop? …NO the worker works out of the Firms temporary office or his hotel room or car and is requested to use the applicants home and phone as an office..
Yes No
d. Is an occupational license necessary for the work? Yes No If yes, …NO..
1. Does the worker possess a current license? …..
Yes No If yes, please attach a copy.
2. Is license in the firm’s name or worker’s name …..

3. Who paysthe license fee? Firm or worker …..
e. How did the worker learn of the firm’s need for his services? …Through a PB reprehensive holding a meeting in the Virgin Islands while working for Suncoast in a Declared disaster site by FEMA.

 12. a, Can the worker lose money in the performance of
service for the firm, except for not getting paid? …NO..
Yes No If yes, how? …..
b. Can the working relationship between the firm and the worker be terminated by either party without incurring liability for breach of contract? Yes No …Yes as their does not appear to be a signed contract and the alleged contract is ancillary..
Explain your answer: …..
13. a. Does the firm bond the worker? Yes No …Unknown..
Unknown
b. Does the firm carry workmen’s compensation insurance on the worker? Yes No Unknown …Unknown..
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COMMENTS: …

I certify that the answers to the questions and/or statements contained herein are true and correct to the best of my
knowledge. I understand that under Alabama Law, any agreement by an employee to waive benefit rights is void. Any false statement by an employer to reduce unemployment taxes that may become due or any attempt to induce an employee to waive benefit rights is a violation of law and may be a criminal act, punishable by a fine up to $500.00 and 12 months imprisonment for each such offense. (Code of Alabama 1975, Sections 24—4—138 and 25—4—145..)
Field Deputy Date Worker’s Signature Date
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