Legal Question in Employment Law in California

Employees who become Contractors

Situation: Employee quits to return to school out of the area. However, the company would like the employee to consult for a period of time post-termination (work would be performed remotely via telephone and/or internet, such as answering questions regarding the project, etc).

What is the best way to do this? Can the employee work as an independent contractor? Would it be better to have the former employee work through a temp agency (such as a payrolling service, Kelly, ManPower, etc)?


Asked on 10/26/05, 1:06 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Employees who become Contractors

either option you mention is viable. if the employee is going to work fairly regularly and under your control primarily, then the temp option is best legally. if the employee is going to be contracted out on "as needed" basis, he/she should qualify for independent contractor status if you have very little control over his/her daily business activities. if you would like efficient, effective assistance in PROPERLY drafting an independent contractor services agreement, contact us today.

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Answered on 10/26/05, 5:48 pm


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