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I open a business and its an LLC, I am confuse about hiring

Customer Question
hi I open a business...
hi I open a business and its an LLC , I am confuse about hiring people. I have hired a care giver and we want to do 1099. my question what are the legal documents that I can have them sign. like contract and can I also have them sign our company policies and procedure
JA: Can you tell me what state the LLC is registered in?
Customer: California
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's all for now
Submitted: 6 months ago.Category: Legal
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5/9/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,017
Experience: Licensed to practice before state and federal court
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Hello! My name is ***** ***** I am a California attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

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Customer reply replied 6 months ago
ok no problem.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

You're smart to double check on this. If you want your caregiver to be an independent contractor, I would strongly recommend that you have them sign an independent contractor agreement. Cal Labor Code 3353 governs what an independent contractor is and I know of a website where you can buy a template IC agreement that would make your life a lot easier. Is this something you'd be interested in? I believe the cost for the template agreement is only $10.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi, I just wanted to double check to make sure you were still with me. I am very interested in helping you answer your question so please let me know if we’re still connected.

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Customer reply replied 6 months ago
I'm here but I need to make sure about hiring . I want to know what are the legal moves.do I need to get workers comp>? what is the best hiring process? by 1099 or w2?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Those are really good questions.

The best legal move would be to ensure that you have a written agreement that describes them as independent contractors. Otherwise, they could file claims under the Dept. of Labor against you because you would be considered their "employer" and they your "employee." If they are an independent contractor, then you will not need to get worker's compensation insurance. For tax purposes, you'll need to give them a 1099 because that's what independent contractors receive in those cases. If you do that, any claims that the person is an employee will be defeated. In addition, if they are independent contractors, you will be able to avoid paying unemployment insurance and be able to avoid having to pay health care coverage as well.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

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Customer reply replied 6 months ago
What about the policies and procedure can i have them sign
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Oh yes absolutely. I'm an IC with Just Answer and there's a long list of policies I have to follow even though I'm not an employee. For an example you can click here.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Did you have any follow up questiosn?

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Satisfied Customers: 6,017
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