We’ve had to lay off some employees – are there legal issues if we hire a former employee as an independent contractor?
HRCalifornia
If your former employee does not meet the legal tests to be classified as an independent contractor, no written agreement in the world will make her one. In fact, her previous status as an employee could be a red flag indicating misclassification, especially if your former employee’s duties as an independent contractor are no different from her duties as an employee.
Various Tests
Courts and administrative agencies apply different legal tests to determine whether a
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