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direct "contract to hire" vs. via agency. possible??
Benefits & Compensation
direct "contract to hire" vs. via agency. possible??
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I've been through an extensive interviewing process for a new role that I'm very excited about. Since this is a transitional role for me, the hiring manager would like to bring me on-board as a contra
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Forums  »  Topic Forums  »  Benefits & Compensation  »  direct "contract to hire" vs. via agency. possible??

direct "contract to hire" vs. via agency. possible??

posted at 3/15/2010 2:57 PM EDT
Posts: 1
First: 3/15/2010
Last: 3/15/2010
I've been through an extensive interviewing process for a new role that I'm very excited about. Since this is a transitional role for me, the hiring manager would like to bring me on-board as a contractor for 3 months to ensure it is a good fit, before bringing me on as an employee. Kind of a "temp to hire" or "contract to hire". Is there a "good" way to set this up that would legally work?

I suppose the easiest way to do it would be to bring in a 3rd party employment agency, but both the company and I would rather set up a direct agreement.

Any insight or advice? Thanks!
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direct "contract to hire" vs. via agency. possible??

posted at 3/15/2010 5:04 PM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
For a period of 3 months, there should be no problem setting you up as a temporary employee. Your status should be clearly spelled out in your offer letter as well as any benefits to which you might be eligible.

There are really no legal hurdles that would prevent this approach. You don't need a third party to payroll you for only three months.
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direct "contract to hire" vs. via agency. possible??

posted at 3/16/2010 3:41 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
I think the OP is asking if the hiring manager can legally make her (the OP) an independent contractor for the first three months...and the answer is no, that wouldn't be legal. A job of work and its related conditions are either independent contracting work or employee work - never one, then another according to hiring managers' whims.

However, Nork4's suggestion is good - if the hiring manager is willing to put the OP on the payroll for a three-month trial period, that would be perfectly legal.
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direct "contract to hire" vs. via agency. possible??

posted at 3/16/2010 8:06 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
agree with hrbth...the DOL won't like the change from IC to ee if the job roles/description/tasks stay the same.
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Forums » Topic Forums » Benefits & Compensation » direct "contract to hire" vs. via agency. possible??

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