The terms of the agreement define the relationship. If the agreement was that you would volunteer and not receive a paycheck, then that is the key aspect of the agreement, which makes you a "volunteer" rather than an employee entitled to a paycheck. It sounds like they have you doing more than you agreed to as a volunteer. I would discuss that with your supervisor, let him or her know that you concerned that you do not get the same benefits and protection that employees receive while you are extending yourself beyond the terms of the volunteer agreement. However, even if you help the company to be profitable or make money, that does not mean you are converted into an employee if the agreement was for a volunteer position. It would also help to get your agreement in writing. Speak to an attorney for further advice and good luck!
From what you are describing, the acts you preform sound like the acts an employee would be hired to preform. However, you volunteered to do what you are doing, based on what you are describing. More information is need interims of any type of agreement you may have signed that sets out duties and responsibilities. However, a person can volunteer to do what you have described without pay. Further, you are under no commitment and are free to stop volunteering at any time. What usually controls in a volunteer situation is the intent of the volunteer and the agreement between the volunteer and the concern he/or she is volunteering with.
Best of Luck!
William J. Lasko
Attorney at Law
482 Summer Street, 2nd fl
Stamford, Conn. 06901
tel. 203 329-6602
William J. Lasko is an experienced New York, Connecticut and Washington, D. C., licensed attorney who focuses his practice primarily on employment law, personal injury and estate matters. Mr. Lasko, has been in practice for more than 23 years, represents clients throughout New York, Connecticut and Washington, D. C.. More information is available at www.laskolaw.net. This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship.
We would need additional information to properly evaluate what is going on in this situation. I suggest you give an experienced employment attorney in your area a telephone call.
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