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We are a non profit that hires ex felons to work for us. We…

Customer Question
Hi we are a...

Hi we are a non profit that hires ex felons to work for us. We pay them to list things on ebay for us and they get paid by the item. Can we pay them as contractors and require them to do a certain number of items a day or come in at certain hours.

Lawyer's Assistant: Can you tell me where the nonprofit is registered?

Milwaukee wisconsin

Lawyer's Assistant: Has anything been filed or reported?

What do you mean like 1099's or paper work for the non profit

Submitted: 5 months ago.Category: Legal
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Answered in 2 minutes by:
11/22/2017
Lawyer: Gerald, Esq, Lawyer replied 5 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,103
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 5 months ago

Hello,

Thank you for your patience and 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.

If you control the way they do the work, the number of hours they must work, how many items they must post, where they can do the work, etc, then you are exerting control over them. The more you control these issues the more likely they are employees and not contractors.

So if it is necessary for you to exert this level of control they are not contractors and you can not pay them with a 1099.

The IRS has specific rules (which all states have adopted) that identify the factors that make a person an employee versus a contractor. see:

https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

Please note that government agencies (Unemployment Comp, Workers Comp, Taxes) do not favor contractor designations (it costs them money). So be aware of those risks.

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.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

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

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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