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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2183
Experience:  Practicing Attorney with 10 years experience
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My employees are on 1099. I need a contract that would

Customer Question

My employees are on 1099. I need a contract that would basically enable me to fire them for any reason and ensures that they can't sue me or use my business assets in any shape.
I want it to also cover job related injures in case one arises. It is an online business, but i want to be sure that I am protected.
I want the contract to be for every 3 months and renewable after for 3 months and state that if an employees is late more than twice a month or ask for more than 3 sick days every three months that I can fire them.
In short, I want the contract to fully protect me against any employee issues in case one arises.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.

You cannot 1099 employees because 1099's are only for use by independent contractors. 1099'ing employees creates significant liability in itself.

Customer: replied 1 year ago.
They are independent contractor, I just want to have something in writing with them which would enable me to let any1 go if i need to and to decrease my liabilities.
Expert:  Asad Rahman replied 1 year ago.

I think it is smart to have an agreement in place where you have certain outlined terms and conditions. We cannot take cases for representation but if you go to sites like legal zoom or search online for templates for an independent contractor agreement that should work. I will tell you some of the issues you discussed would nto really be enforceable. You cannot ask them to waive any and all claims against you or your business because if you did direct harm to them for example, a court would rule that clause illegal. You can however create certain limitations to the type of damages they can recover. Again, there are lots of good templates online that would be a good basis to start.

Customer: replied 1 year ago.
i basically just need one that would state that if there are late or dont do the job right i can fire them. can you pick a template for me and modify it to meet my requirement?
I need them not to be able to use company assets or information for anything other that the job they are hired to do, somethign that states they cant compete with company and that i have they right to fire them if they do not show up on time. And the length of the contract to be 3 months with option to renew. and if there is anything else that can be added to my benefit please add it.
Expert:  Asad Rahman replied 1 year ago.

Like I said, we cannot really do that. I can opt out and perhaps a California licensed attorney can do it for you. Would that be ok?

Customer: replied 1 year ago.
Expert:  Asad Rahman replied 1 year ago.

Did you request further assistance from me?