Independent contractor vs employee


While many employers would like to call their employees "independent contractors", the IRS actually has a list of requirements that the employee must meet in order to properly defined as an independent contractor.


David: I'm an independent contractor in Orlando.

Attorney Tom Olsen: All right.

David: Say that I wanted to hire a neighbor for an extra set of hands on a job for a day. If I was to draw up a waiver of liability, have them sign it releasing the community I do a lot of work at HOA and COA so if I release releasing the community of myself from any kind of liability were they to get hurt in any kind of way or what not. Would something like that stand up in court was it ever needed to if it was ever challenged?

Attorney Tom Olsen: First of all David you cannot call this person an independent contractor. This person is an employee of yours. As an employee of yours, you're probably now obligated to provide for workers compensation for that employee. David, I think no matter what happens if the person that you hire as an employee gets hurt they're going to be looking at you no matter what kind of waiver gets signed. That's my immediate reaction David so I'm saying you're in danger zone, David. Be careful.

David: Okay, I appreciate that. That's what I was afraid of and I just wanted to hear what somebody with some kind of expertise had to say about it. I appreciate that.

Attorney Tom Olsen: All right David, be careful.