Doug Hass will give you they Heebie Jeebies if he decides to weigh in on
the question.
That One Guy /sarcasm wrote:
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]
<mailto:[email protected]>> wrote:
Steve is really a IRS agent that is trolling !
*From:*Af [mailto:[email protected]
<mailto:[email protected]>] *On Behalf Of *Ken Hohhof
*Sent:* Tuesday, September 22, 2015 12:23 PM
*To:* [email protected] <mailto:[email protected]>
*Subject:* Re: [AFMUG] Contracting an employee
Why do I suspect Steve is the employee in this story?
*From:*Daniel White <mailto:[email protected]>
*Sent:*Tuesday, September 22, 2015 10:23 AM
*To:*[email protected] <mailto:[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] <mailto:[email protected]>__
Cell: +1 (303) 746-3590 <tel:%2B1%20%28303%29%20746-3590>
Skype: danieldwhite
Social: LinkedIn <http://www.linkedin.com/in/danielwhite84>:
Twitter <https://twitter.com/DanielWhite84>
*From:*Af [mailto:[email protected]] *On Behalf Of *Lewis Bergman
*Sent:* Tuesday, September 22, 2015 7:51 AM
*To:* Animal Farm <[email protected] <mailto:[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] <mailto:[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 <tel:325-439-0533> Cell
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