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Have you been in the position where you have been offered a job only to find that they intended to employ you as an Independent Contractor? Before you accept such a project, you should ask yourself, are you REALLY an Independent Contractor? And are you aware of the risks of becoming an Independent Contractor?

Are You Correctly Classified?

Take the following quiz to determine if you really qualify as an Independent Contractor:

1. Do I have my own business license?

2. Do I work on the project from home with my own equipment?

3. Do I need specific training to perform this work? Or can I work on in my own way?

4. Can I set my own hours?

5. Can I set my own rate?

If you answered “yes” to some or all of these, you might qualify to work as an Independent Contractor. However, if you answered “no” to any of these questions, you may actually be “misclassified”. Legally, the burden is on the employer to classify you correctly. However, it shows good faith for you to educate your employer so that you can help them protect themselves!

What Are the Risks?

There are a couple of risks for you to be aware of if you do choose to work as a Independent Contractor:

1. You are responsible for paying your own taxes to the IRS. You should familiarize yourself with the IRS tax code. A good rule of thumb is to put 30% of what you earn into a savings account. If you make over $600 a year as a Independent Contractor, you will owe some money to the IRS.

2. You are liable for your own errors/accidents. You may be asked to fix your errors at your own expense. Many freelancers carry “errors and ommissions” insurance. In addition, if you are somehow hurt on the job, you will have to use your own insurance to pay for any medical expenses.

How Can I Play It Safe?

There are many gray areas in employment classification. It can get sticky especially when you are anxious to start working on projects. If you choose to proceed as an Independent Contractor make sure you have a solid contract in place with the employer. You may also want to consult with your attorney or accountant. To really play it safe, you could accept the job but refer the employer to work with an agency like Mindlink Resources. Mindlink Resources will act as your “employer” so you can just focus on the project.

What Will Mindlink Do?

•  Mindlink can negotiate a contract with the employer. Employers will have peace of mind that they will not have to worry about your status and classification.
• Mindlink will and set you up as a W2 employee and will take taxes out throughout the year. We will provide a W4 at the end of the year for your taxes.
• Mindlink has partnered with Paychex to provide bi-weekly payroll cycles. So you do not have to wait for 30 to 45 days for your payment (many companies have a minimum of net 30 days for payment in their terms).
• Mindlink offers limited benefits to employees, such as discounts on computers and referral bonuses.
• Mindlink provides Human Resources support and advice for employees from our staff of HR Professionals.
• Mindlink will look for new opportunities to keep you busy.

If you interested in learning more about joining the Mindlink team as an “employee”, send us an email at hr@mindlinkresources.com.

Resources

http://www.oregonindependentcontractors.com/IC/09-difference.shtml

http://en.wikipedia.org/wiki/Independent_contractor

http://www.dol.gov/whd/regs/compliance/whdfs13.htm

Jana, Stacey and their friend, Kelly (who knows a thing or two about HR) discuss people and their personal baggage. How do you deal with people who bring their personal issues into the workplace? How do you effectively manage when YOU are the one with a lot of personal problems. We talk about it all!

The discussion continues: http://www.facebook.com/pages/Career-Recovery/190030291019287

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