Q: Rather than hiring full time employees, can I hire independent contractors to do the work instead?
My food business (popular sandwich franchise) is growing and I'd like to hire independent contractors rather than deal with the hassle of hiring full time employees.
Legally, is this possible?
A: There is nothing prohibiting an employer from hiring independent contractors from performing the work of the business. What is absolutely prohibited, however, and what the California Franchise Tax Board and IRS have been cracking down on for the past few years is mis-classifying employees as independent contractors to avoid the "hassle" of hiring employees. Under California law, a person doing work on behalf of another person or business entity is presumed to be an employee. You should never classify someone as an independent contractor without first speaking with an employment attorney.
Please feel contact me (email@example.com or 213-381-6557) if you wish to discuss the matter further.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.