RE: Negotiating for salary and enhancers

Subject: RE: Negotiating for salary and enhancers
From: "Lauren" <lauren -at- writeco -dot- net>
To: <vrfour -at- verizon -dot- net>, <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Thu, 22 Nov 2007 17:39:03 -0800

> Can we fire one of the tech
> writers and then rehire them? Since one of the writers is
> corp-to-corp, do
> the same laws/guidelines apply to that person as it does with other
> contractors?

Um. The Thanksgiving wine is overtaking me, so I respond. What applies
here, is whether the "corp to corp" is an employee. If you (the gov't) is
stating the hours and days of work, then the contractor is an employee and
your "firing" is governed by labor law. If the contractor can work from
home and can dictate his or her own hours, then that person is a contractor
and the firing is controlled by contract law. But I'm not a lawyer. You,
as an employer (not really "you," but you get the gist), need to know the
difference between contract and labor law. The IRS 20 Rules can help you
understand the differences between contractor and employee and it can be
easily searched online.

Now if your employee, let's say, named "Agnes," is working for (rather,
through) a company, let's call "Nightflight," then there is a slight
difference that involves the contract you (the gov't) has with Nightflight.
Nightflight might state in its contract with you that you cannot hire Agnes
within some timeframe, like six months, without paying Nightflight a
commission. So, you will need to pay Nightflight a fee if you decide to
terminate and re-hire Agnes.



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RE: Negotiating for salary and enhancers: From: Jim Barrow

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