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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 3917
Experience:  30 years of experience
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In a move of alzheimer spouse from a facility to a private

Customer Question

In a move of alzheimer spouse from a facility to a private care for care is the caregiver a independent contractor or an employee in need of a W 2. Need write off as medical care
Submitted: 12 months ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 12 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The primary test for whether an individual providing you services is an employee or and independent contractor is controll of the persons work and schedule. In he vast majority of instances if you hire the caretaker directly you are setting the hours and the expectations of job performance. Thos makes the person an employee.

You can get around this if you hire the person through an agency where the agency hires, fires, sets schedules and pays the car giver. In that instance the individual is an employee of the agency.

See these resources for more detailed information on this issue:

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

https://www.angelo.edu/services/sbdc/documents/library_resources/IRS%2020%20Factor%20Test.pdf

https://www.care.com/a/whats-wrong-with-hiring-my-senior-caregiver-as-an-independent-contractor-1301210113

I understand that this may not be what you wanted to hear, but I would not want to mislead you into taking a position that might cause you problems later on.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald