I recently applied to a startup for a development position. I was told I would do a "trial interview" which was really just a feature implementation they needed. I was sent an NDA which also talked of when to invoice and had "rate: TBD" which i put in my rate next to. the spec was large, and I wasn't expected to do all of it, but I implemented the core of it, which was nontrivial; it took me over 25 hours to implement.
Now, I just talked with the boss today, and he said I wouldn't be paid for that time; that's part of the interview, he says. But I sank more than half my work week into this, and thought this was just a 1099 until i may or may not go on full time, because i was delivering a business feature and not just doing an arbitrary test.
Anyway, what should I do? I'm not so worried if I get the job, but if I don't then I feel like I've been cheated.
If they didn't tell you upfront that you'd be compensated for your time -- you have no reasonable expectation of getting compensated for your time.
More than likely that "business feature" is the same task they give every applicant -- they just want to see how you do with something that looks like a real-world task.
We do that here: We have a fake project that we pull a fake task out of, and have applicants pair with one of us on its solution. During the "work", the boss will throw us a couple curve balls too -- it's interesting to see how applicants react.
We do however, pay them a modest amount for their time.
i would not take issue if this was a fake project meant to test my skillset. it's replacing app functionality with a more robust solution; it is a feature request for a change to be made to production which i implemented the core of.
It is very clear that this will go on to be user facing. What is not is if i will receive any kind of reimbursement for doing the work; or if this is just a tactic they employ: get people to work for free in an interview, don't hire them, repeat. I truly hope that is not the case.
Each of our applicants believes the fake task we give them is meant for production too.
In reality, it's a very old, inactive project. We simply adjust timestamps to make it look current.
It is presented as if it were the bread and butter of our biggest client. And we do our best to make everything seem realistic.
I doubt any applicant, before being hired, has ever figured out that the "feature" they had worked on was something that had been built dozens of times already.
It's always the same.
The "product" they're working on is the remnants of a side-project that went nowhere.
But like I said, we do pay people for their time unless we hire them. We do it onsite. And we do one 7-hour workday. And we pay $250.
And we do that mainly so nobody is suspicious that they had been duped into working for free.
It's possible but imo, unlikely that your work is actually making its way into a shipping product.
It sounds like you guys do it a respectable way. But I don't understand why you can't accept the facts as I present them, as I have given no reason for you to doubt my claims or abilities to properly assess the situation. Maybe you think it's just too crazy to be true? Because that's what I'm thinking for sure... But them be the facts despite my preference of otherwise.
Actually, if you signed a contract and provided a rate, and they accepted it and they didn't pay you, they have (I am not a lawyer so in my opinion and this isn't legal advice) violated the contract. That may mean the NDA is not enforceable, depending on the terms.
If you have not been paid then you also still have copyright over the code.
For small claims, I think you want to be able to prove that you invoiced them, then serve them.
Personally, whichever startup did this is a douchebag and I wouldn't want to work for them regardless.
I have never heard of an interview done this way. I am familiar with and okay with a coding test, ok with a proof of your abilities, not ok with implementing code for the company sans payment.
My 2 cents, is they agreed to a price and code so they should pay. Frankly, I'd ask an attorney to send them a letter stating as much on your behalf. Might cost you a few bucks but seems reasonable. If they still refuse, I'd seriously consider a public shaming, although I know this isn't likely a good idea, it just seems so appropriate. lol
Now, I just talked with the boss today, and he said I wouldn't be paid for that time; that's part of the interview, he says. But I sank more than half my work week into this, and thought this was just a 1099 until i may or may not go on full time, because i was delivering a business feature and not just doing an arbitrary test.
Anyway, what should I do? I'm not so worried if I get the job, but if I don't then I feel like I've been cheated.