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Can I hire a "contractor" tilted worker long term to avoid

HR cost or should I...
Can I hire a "contractor" tilted worker long term to avoid HR cost or should I out source hire through a temp company. Pls note that I intend those people to work longterm for me. TY. Mia
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Answered in 3 minutes by:
7/13/2013
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified

Thank you for your question. I am a licensed Pennsylvania professional. Please permit me to assist you this afternoon.

Mia,

Even a long-term agreement can be done via 'contracting'. You can hire someone as a contractor based on agreements that are modified or renewed as time goes on, and it will generally not turn them into employees unless you begin treating them as such. There is no need to out-source via a temp agency unless you are expecting hgh levels of turn-over and would need them to assist you with finding additional assistance as time goes on.

Good luck.

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Customer reply replied 4 years ago

Can I pay my contractors via commission or royalties only if minimum membership goal was reached? If I were to draft a contract -- I'd specify "contractor to produce/ deliver 5 show segments per week and will get paid once minimum sales goal has been reached? None of us are going to get paid the 1st year. It'll be ambition and commitment. TY

Mia,

That may be tough. You have to pay your employees or contractors for work that they performed. If they obtained 4 and not 5 segments, they have to be paid for the 4 they obtained. You cannot have parties work for you for free. You can have a rolling agreement where you issue a 'draw' against salary where if they get above a certain amount they will begin to obtain commissions, but working completely for free would violate state law. You, as the owner, can choose to work for free, but your underlings, be they employees or contractors, cannot work for you for free.

Good luck.

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Customer reply replied 4 years ago

Ah, I see. 4 more quick questions;


 



  1. Where are you located in PA?

  2. Would you advise I consult with a lawyer to draft emp contracts or use JustAnswers.com?

  3. Is JustAnswers.com service a monthly or a yearly contract?

  4. What are your fees or can I retain you for the initial business set up, what's the cost?

Mia,

I am located in PA but under JustAnswer site rules I cannot represent you or provide services off-site, I am sorry! As much as I would love to assist you, I am barred by contract from doing so. JustAnswer has different pricing plans but as I am not one of their moderators I cannot go into detail as I do not know what current options are available. Typically each question has a separate price unless you sign up for a subscription. If you wish to do so, I can ask the moderators to get involved. For employment contacts, we at JustAnswer cannot create them for you as it would be considered potential representation, something we cannot provide--I would suggest you retain local counsel to assist you.

Good luck.

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Would have liked to hire you. Too bad. Makes sense though.


 



  1. Yes. Pls have a customer rep email me about subscription

  2. I' d appreciate if you could refer me to a great emp lawyer here in PA -- one you'd hire for yourself if ever needed

  3. What are the approximate fees I am to consider when hiring an emp lawyer -- what credentials or questions should I ask before hiring lawyer?

Mia,

For the same reason that I cannot represent you off-site, I cannot personally refer you out--it may create a conflict that the site would not permit. What I can suggest is browsing the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise. You can also review past client testimonials and peer driven evaluations. I have personally used this for my own clients when I had no direct links to a specific specialization or a jurisdiction where I had no contacts. You would need to focus their transactional and business law experience--this is less litigation based and more based on a background pertaining to those who practice preventative law and consulting rather than direct defense. I cannot estimate fees as I have no idea what you are seeking beyond these agreements.

Please be well and please do not forget to positively rate my answers as otherwise I do not obtain credit for for my work. Thank you! I am going to be forwarding this question to the moderators.

Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified
Dimitry K., Esq. and 87 other Employment Law Specialists are ready to help you
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Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide employment and discrimination law advice in my own practice.

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