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Rehiring employee as independent contractor
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Rehiring employee as independent contractor
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
We are terminating an employee (IT Manager) and there will be a two week gap between his termination and the new hire start date. The former employee is willing to return to train and tran
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Forums » Topic Forums » General Forum » Rehiring employee as independent contractor
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Rehiring employee as independent contractor
posted at 2/2/2012 6:30 PM EST
on Workforce Management
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Posts: 1
First: 2/2/2012 Last: 2/2/2012 |
We are terminating an employee (IT Manager) and there will be a two week gap between his termination and the new hire start date. The former employee is willing to return to train and transfer as much information as possible to the new hire, but would like to do so as an independent contractor. The rules seem ambiguous. Can we hire him as an independent contractor? He won't have other clients, but he would be hired with a purpose and responsibilities outside of his normal job responsibilites. He would have autonomy in many respects, but would be working collaboratively with the new hire. Thanks for any guidance-especially applicable citations. |
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Re: Rehiring employee as independent contractor
posted at 2/3/2012 7:56 AM EST
on Workforce Management
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Posts: 148
First: 9/20/2011 Last: 12/12/2012 |
With the usual disclaimer about tax advice I offer the following thoughts :-))............ |
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Re: Rehiring employee as independent contractor
posted at 2/3/2012 9:42 AM EST
on Workforce Management
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Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
From your message it sounds like it is the company's wish to terminate his employment rather than leaving on his own. Sounds like the company did a bad planning job and is now scrambling to make something happen and is in a bad negotiating position. But I have to agree with Howard. In essence this person will be doing the same job with the same responsbilities as before, just training someone to do it. He was an employee before and the new person will be an employee afterwards. I don't think this one passes the smell test unless he is leaving to start up his own IT consulting business and you are his first customer. I am assuming that he is wanting to charge you higher rates for being an IC since you wouldn't be paying benefits/taxes. And because he thinks he has you over a barrel, which he might. The better option would be to move his termination date out by those two weeks and pay him some type of serverance/bonus to stay through those two weeks. However, I have never found employees to have a good attitude on training their replacement when they themselves have just lost their job. |
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