Legal Question in Business Law in New York

Independant Contractor or Employee?

I am outsourcing a part of my services to this company. I will have to pay the company a monthly fee but they will provide me a individual to work for me full time and for every new worker I have to pay this fee.

Would this be classified as an independant contractor since I am paying the company a monthly fee and they are hiring someone to conduct business for me, or can I deduct the monthly fee since it is a fee?

Another question if you don't mind. If I offered to do copyrights or trademarks for a person would that be illegal if I made it clear that I am not a lawyer and am not providing legal advice just filling out the forms with information they provided?


Asked on 3/27/05, 11:55 pm

1 Answer from Attorneys

Meyer Silber The Silber Law Firm, LLC

Re: Independant Contractor or Employee?

Who are you paying, the employee or the firm supplying them? It sounds like an independant contractor arrangement.

I believe that assiting one in a TM or copyright application is not necessarily a legal service, provided that you make clear your role.

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Answered on 3/28/05, 1:23 pm


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