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Subject:RE: taking on a subcontractor From:"Bill Darnall" <darcom -at- sbcglobal -dot- net> To:"TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com> Date:Thu, 13 May 2004 14:23:11 -0700
Emily,
--- DISCLAIMER: The following is not intended to be legal advice. ---
Assume for a moment you were hiring someone to work as a housekeeper.
You'd probably have to worry about liability insurance, withholding
for state and federal income taxes and social security, etc. Depending
on your local regulations, you might have to pay for unemployment
insurance.
If your prospective subcontractor meets the test of being a truly
independent subcontractor, then (probably) all you need is the
concurrence of your customer, a legal subcontract, and the ability to
file a 1099 at the end of the year. Since you probably don't know
what's involved, you should consult an attorney.
For example, several years ago I hired someone who claimed to be
working as an independent subcontractor. We negotiated a reasonable
subcontract. I fully paid the person for their work. Later, this
person filed for unemployment. The California EDD ruled she was not
really a (legal) independent subcontractor. I was forced to pay, out
of my pocket, all her state and federal taxes, (double) social
security, plus, plus, plus.
--- DISCLAIMER: The preceding is not intended to be legal advice. --
Good luck and be legally careful,
Bill D.
Hi,
Have any of you had the experience of
being a solo contract technical writer
and then taking on your first subcontractor?
Let's assume
I've identified the person to whom
I plan to offer this
subcontracting opportunity.
What are some of the practical
aspects?
I'm considering having the subcontractor
work for/with
me a few hours per week for 1 month on a trial
basis to see how it goes. Let's assume this person
accepts that opportunity. What do I need to
do about providing paychecks?
Should I inform the company I'm doing the
work for that there is another technical
writer (my subcontractor) involved in
the project now?
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