Right to work as a consultant

[DocB]

What is the name of your state? California

I have worked as a short-term temporary employee on 180-day yearly contracts with San Bernardino County Superintendent of Schools for three years. I have a Ph.D. and want to continue to work for SBCSS, but only as an independent consultant, not an employee. My immediate supervisor was told by personnel that, although she wants to hire me as a consultant, it will make SBCSS suspect in the eyes of the IRS for not hiring me as an employee after 3 years (although this is not what I wish).

The issue before me is whether or not I have a right to work in any capacity I wish, as long as the individuals with whom I conduct business want to work with me. Does SBCSS have the right to demand that I either be hired as an employee or be ineligable for compensation as an independent contractor. Both my supervisor, my department manager, and the division assistant superintendent want to work with me on my terms, but are limited by personnel.

 

[I AM ALWAYS LIABLE]

My response:

So, as I understand you, currently you're an employee of the County. You want to quit your job (which is your right), and then you want the County to hire you as an IC.

Well, you can certainly quit your job. There is no law, however, that requires the County to maintain your services as an IC. Ergo, once you quit, you will be replaced. Hiring and working is on the county's terms - - not yours.

IAAL

 

[DocB]

My short-term temporary contract has been satisfied, so I did not "quit" my position. I am eligible to apply for a permanent position, but do not want to be limited by the political parameters set by this organization. Those for whom I directly worked at the county want to use my services as a consultant, but are prohibited by the county's personnel department's policy.

My issue then is a matter of understanding/overcoming the personnel department's objections to allowing me the right to work as a consultant if I don't want to become an employee. Their objection is based on how it might "appear" to the IRS, and not whether they are pleased with the quality of my work (I have brought in nearly $6 million in grants in three years).

I have other, smaller clients lined up, but there is a great body of work that I started and I would like to retain this organization as the core of my work if at all possible.

 

[krispenstpeter]

Either way doc it's their decision not yours.
There is no 'right' to continue a temporary contract outside the parameters of the contract.

 

[Beth3]

You have the right to work as a consultant but you don't have the right to insist anyone hire you, whether as a consultant or in any other capacity. If the school district does not wish to hire you as a consultant, that is their right. It's a two-way street.