Contracter verses employee
melba
13 Posts
We have an administrative assistant who is out on maternity leave (much sooner than we had anticipated)and we don't know when she'll be coming back. We've hired a person to fill in temporarily for an indefinite period. Do we treat her as an employee and pay for benefits or do we put her under contract? I would like to put her under contract, but am unsure because I don't think she meets the legal standards for a contractor. Thanks.
Comments
Be mindful of the IRS' rules governing independent contractors, cuz the penalty and hassle for misclassifying this type of person-----simply ain't worth it !!! I seriously doubt that this "temp" person will have unilateral authority to do what he/she thinks is necessary and will not require any direction from the employer. If the employer maintains any form of CONTROL over what/how this person works, then go w/the employee route and save yourself some embarrassment & aggravation down the road.
Good luck!
Nae
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]
Nae
Just had an audit today and this person would not qualify as an independent contracter.