• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Former Employee Wants to be Subcontractor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

drinkingtea

Junior Member
Oregon

One of our employees quit but wants to return to help complete the monthly reports. He used to work a standard 40 hour week on-site job. He wants to return as a subcontractor working about eight hours a month, since his current job as a door to door salesman isn't paying as well as he would like. He would be working from home on his own computer, not on company property or using company materials.

We have a resignation letter from this person. Would another letter offering his services and the rate be enough to bring him back on, or would we have to hire him back as an employee? For various reasons, this person would like to be a subcontractor. My concern is that, as a former employee, this might get sticky.

Is it possible to pay him as a subcontractor and give him a 1099 at the end of the year or is hiring him as a regular employee the only way to go?
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top