In defense of said employee, if the employee approaches the employer asking for training in a particular area specifically to expand service offerings, if the employer declines because the benefit of the service isn't great enough to justify the expense of the training, then the employee is not competing against the employer if they go out on their own and invest the time and money as long as they aren't doing it on the employers time. Unless there were a carefully crafted no compete contract in place. But att hat point it would pretty much have to state employee cant have a second job, which I don't think can be enforced by a contract.
Does the IRS care who is paying taxes as long as they're getting paid, even if the income is from two sources at the same time? At the end of the day they only care about the dollars not hours earning them don't they? assumptions about the IRS never turn out well. If a contract were present where the subcontracted employee specifically assumes the liability, does that protect the employer from that risk, if the employer is who ultimately bills the customer? (I know everybody can sue anybody for anything, but as a rule of thumb) This is assuming the contracted employee wants to assume the liability for the work performed. My guess is if there is any payment for service as an employee for the work performed, the employer as a company cant get rid of the liability. On Tue, Sep 22, 2015 at 11:26 AM, Paul McCall <[email protected]> wrote: > Steve is really a IRS agent that is trolling ! > > > > *From:* Af [mailto:[email protected]] *On Behalf Of *Ken Hohhof > *Sent:* Tuesday, September 22, 2015 12:23 PM > *To:* [email protected] > *Subject:* Re: [AFMUG] Contracting an employee > > > > Why do I suspect Steve is the employee in this story? > > > > *From:* Daniel White <[email protected]> > > *Sent:* Tuesday, September 22, 2015 10:23 AM > > *To:* [email protected] > > *Subject:* Re: [AFMUG] Contracting an employee > > > > Well Steve was pretty vague on this. > > > > Here is a good example. When SAF moved into both of their locations in > Denver I did all of the structured cabling work. Clearly outside my job > description, and I did it on my own time (well as an exempt employee, not > sure that really exists :-). Company paid me a bonus, and they paid less > than a contractor coming in and doing the work. Win-win for everyone. > > > > Of course Steve said the work would be done during normal hours. But once > again, if you show your employees that if they go above and beyond and you > will reward that (say getting a degree or learning new skills) that isn’t a > bad thing overall. Makes your employees want to grow with your company – > not get a degree and go seek higher pay somewhere else. > > > > Maybe if the work will be useful long term, just add the work to the > employees normal course of work and give them a raise. > > > > Thank you, > > > > Daniel White > > [email protected] > > Cell: +1 (303) 746-3590 > > Skype: danieldwhite > Social: LinkedIn <http://www.linkedin.com/in/danielwhite84>: Twitter > <https://twitter.com/DanielWhite84> > > > > *From:* Af [mailto:[email protected] <[email protected]>] *On > Behalf Of *Lewis Bergman > *Sent:* Tuesday, September 22, 2015 7:51 AM > *To:* Animal Farm <[email protected]> > *Subject:* Re: [AFMUG] Contracting an employee > > > > Wow. Massive can of worms opened. With the current attitude of most > employees I think it won't be long before the employee believes his $10 an > hour is more like a retainer to show up and be available to bill you $50 an > hour for anything he does. I think I would fire him and contract him for > $50 when I needed him. You might be surprised how seldom that is, and so > would he. > > > > On Tue, Sep 22, 2015 at 12:16 AM, That One Guy /sarcasm < > [email protected]> wrote: > > So if you have an employee who offers a service that you do not, but works > a 40 on your clock how would you handle subcontracting his services on your > clock? Just for easy numbers, say he's a ten dollar employee, but he bills > at fifty. You need his services during business hours. You need to bill for > it. Aside from the obvious separation issues, is this really all that > complicated if you have an attendance policy this would interfere with? If > he's on your dime as an employee, but also billing his contracted rate, say > you're ok with the double dipping, where does the liability for the service > lay? From the customers perspective, I assume it's simply on the boss. But > at the end of the day, how would you handle, or not handle that, > concessions to attendance? How do you deal with the other employees, or is > it any of their concern? As a subcontractor, I assume you can make it sort > of the contract that 'll work is represented as the employer > > > > > > -- > > Lewis Bergman > > 325-439-0533 Cell > > > ------------------------------ > > [image: Avast logo] <https://www.avast.com/antivirus> > > This email has been checked for viruses by Avast antivirus software. > www.avast.com <https://www.avast.com/antivirus> > > > -- If you only see yourself as part of the team but you don't see your team as part of yourself you have already failed as part of the team.
