Worker going to Contract Worker
mburch
19 Posts
In our GA branch office there is a FT emp. about to retire. The branch manager wants this person to become a contract worker. I realize there may be some issues with this change.
Does anyone have any experience with this type of change and could you please clue me in to possible pitfalls?
Thanks a bunch.
Does anyone have any experience with this type of change and could you please clue me in to possible pitfalls?
Thanks a bunch.
Comments
* The extent of control exercised by the employer over the work performed;
* Is the individual on the employer's payroll or dare they responsible for paying his/her own taxes;
* Who furnishes the equipment, materials and supplies required to perform the work; and
* Who has control over the hours of work.
The IRS also has their own criteria for determining the status of an independent contractor:
* The individual must provide their own office space and owrk outside the company premises;
* The individual must work for more than one company;
* The individual must be paid by the project, not by the hour;
* The individual's work schedule must not be determined by the company;and
* The individual must not rely on the assistance of the company's staff or supplies.
Hope this helps. It's always risky going from an employee to an independent contractor and the burden is on the company to prove they are not an employee. I would have to ask several questions before doing this: 1. If the person is retiring, why do they want to continue to work? 2. What benefit will the continued work be to the company? 3. Can the company meet the definition of an independent contractor with this individual?
Hope this helps.