Legal Question in Employment Law in New York

Consultant Agreement

Can a consultant agreement contain a provision that the client agrees to issue a payroll check (deducting taxes, etc.) to consultant's employee?


Asked on 3/13/08, 9:15 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Consultant Agreement

Yes that can be a provision (there is nothing illegal about it as long as all of the taxes are paid and everything is reported.) Even so I would not advise a client to sign such an agreement. There are issues of Worker's Comp, Disablility and other duties that could come up. I would also wonder what kind of company or business would do business like that.

Be careful, sounds like there might be something amiss there.

Good Luck

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Answered on 3/13/08, 2:36 pm


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