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Is it legal to be both an employee and a contractor for the…

Is it legal to...

Is it legal to be both an employee and a contractor for the same business owner?

Lawyer's Assistant: Have you documented this or discussed it with HR?

There is no HR

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time and independently contracted

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Answered in 5 minutes by:
10/18/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you

with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Thank you so much for your patience. It is not illegal to be both an employee and a contractor of the same business owner. However, it is important that the difference in the duties be clearly stated. The reasons is because the employer could theoretically refuse to pay or provide entitlements to the employee to the employee citing that they are an independent contractor. Conversely, the employee may believe that they have certain rights as an IC when in fact they are an employee and may be under greater control. However, if there are some duties that are to be done as an IC and others as an employee, it's legal. For example, if I worked for my law firm as an attorney, but then also provided them IT support, I could be an employee as an attorney, but a contractor through IT. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 9 months ago
Thank you for your time. Your answer satisfies me.

you bet. thanks so much!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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