To: ed who wrote (31311 ) 10/28/1999 10:05:00 PM From: taxman Respond to of 74651
Redmond, Washington, Oct. 28 (Bloomberg) -- Microsoft Corp. keeps detailed performance evaluation files on its temporary workers, supporting their claims that they are entitled to the same stock-purchase plan afforded full-time employees of the largest software maker, a lawyer for the contract employees said. The files obtained by the Washington Alliance of Technology Workers proves their claim that Microsoft kept personnel records on them, and therefore, employed them, entitling them to participation in the stock plan, the group said. News of the employee files was reported yesterday by the Seattle Times. Microsoft is battling a suit by its temporary workers that accuses the Redmond, Washington-based company of illegally denying them the right to participate in the share plan. Microsoft makes extensive use of temporary employees; about 16 percent of its 39,500 workers are temporary. Microsoft said the files are customer feedback forms to employment agencies. ``They're (Microsoft) pretending they don't have any personnel files,' said David Stobaugh, a lawyer for the temps. ``This shows they (Microsoft) keeps careful track of their work.' The shares have soared almost 500-fold since it went public in 1986, making millionaires of about a quarter of Microsoft's full-time workers. The Technology Workers Alliance, whose members include Microsoft temporary workers, thinks Microsoft is breaking Washington state law by refusing to let temporary workers see the files. ``These files indicate that Microsoft has been making the hiring and firing decisions, not the agencies,' said Mike Blain, an alliance co-founder. Microsoft has denied any liability to the workers, claiming each of them signed an agreement acknowledging they're responsible for their own benefits. Last month, Microsoft asked the U.S. Supreme Court to review a federal appeals court decision that expands the lawsuit to include as many as 10,000 to 15,000 past and current contractors and temporary employees who've worked for Microsoft since 1986. The plaintiffs are due to file their response to the Microsoft petition by mid-November. In May the three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco reversed a lower court's decision limiting the number of people eligible for the program to only a few hundred contractors. Microsoft, the world's largest software maker, was first sued by the temporary workers in 1992. Shares of the Redmond, Washington-based company fell 1 to 89 7/8. --Laura Raun in Seattle (206) 224-3173 through the San Francisco newsroom (415) 912-2980/pkc ¸1999 Bloomberg L.P regards