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Status change from full-time employee to independent contractor?

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kamill

Junior Member
What is the name of your state?What is the name of your state? MA

I need to relocate out-of-state w/ my spouse. My manager is willing to let me telecommute but there are some issues that have been brought up by the legal department in the past when other people have tried to do the same thing. So I want to do a little research before purposing my case to them. Since we work a great deal with HIPAA protected health information, according to the legal department, regular employees cannot remotely access such data from states in which the company is not licensed to do business (including the state I'm moving to), but independent contractors can. I don't really understand the legal reasoning for this, but anyway, I'm willing to give up my benefits and convert to an independent contractor to get around this issue. However, I have been told that it may not be possible due to some state employment laws baring companies from changing employee's status from regular full-time employee to independent contractor. Does any know if this is true? If so, is there any way to get around that? I would not mind signing any consent to acknowledge that I knowingly give up the benefits of being a regular employee. Thank you very much.
 


pattytx

Senior Member
If you were an employee before, and you'd be doing the same work, you would be an employee after the move. You can't correctly be classified (at least by IRS rules) as both, if you are doing the same job.
 

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