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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39039
Experience:  Retired (mostly)
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Hi, I am looking to start a company. I need to hire programmer

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Hi,

I am looking to start a company. I need to hire programmer to code and program the website. How should l employ those employee as a 1099 or w2 ? Also, what type of contract do I need to make them sign so that all the work that they do for me while I was paying them are mine ?
Hello...you asked:

I am looking to start a company. I need to hire programmer to code and program the website. How should l employ those employee as a 1099 or w2 ?

A: The California Employment Development Department (EDD) has a guide which you can use to determine whether any hypothetical worker is an employee or independent contractor (DE 38). You must be able to justify the worker's status, otherwise, if EDD later determines that you misclassified the worker, you could be hit with huge fines. Also, the IRS could get involved, and the fines could quickly mount into the tens of thousands of dollars.

If you want to avoid the argument entirely, then hire the person as an employee, and you won't have a problem.

Also, what type of contract do I need to make them sign so that all the work that they do for me while I was paying them are mine ?

A: Here is an example of an agreement that could be used for either an employee or independent contractor (change the term "contractor" to "employee" or visa versa).

There are many contract froms online. You will have to decide which most identifies with your requirements.

Hope this helps.
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