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employee vs IC in laymans terms quote

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  • employee vs IC in laymans terms quote

    This is the most complete and easiest descriptions i have read as of yet. wanted to share it with all of you.

    Originally posted by Gracy Rose View Post
    Stephen- If you didn't want these posted, please tell me and I am sorry :-)

    Instructions *
    Employees comply with instructions about when, where, and how work is to be performed.
    Contractors set their own hours and do the job in their own way.

    Training *
    Employees are trained to perform services in a particular way. They are required to take correspondence courses and attend meetings. Other methods also indicate that the employer wants the services performed in a particular way.
    Contractors use their own methods and receive no training from the purchaser of their services.
    ~~~ This means that a contractor may use a heated kennel even if the salon does not allow.

    Integration of an employee are merged into the business.
    Success and continuation of the business depends upon these services done by an employee.
    The success and continuation of the business aren’t dependent on services provided by a contractor. Contractors do not perform services that are main source of income.
    ~~~ A Veterinarian can easily have a Groomer as an IC, since their main source of income is Veterinarian Medicine not grooming.

    Right to Fire *
    An employee can be discharged at any time.
    Contractors cannot be fired so long as product results meet contract specifications.
    ~~~ These specifications must be outlined in a contract.

    Services Rendered Personally *
    Services must be rendered personally. An employee does not engage other people to do the work.
    Contractors are able to assign their own workers to do the job.
    ~~~ Contractor can send their husband into groom even if he is not trained.

    Continuing Relationship *
    An employee continues to work for the same person year after year.
    Contractors are hired to do one job. There is no continuous relationship.

    Set Hours of Work *
    An employee’s hours and days are set by the employer.
    Contractors are masters of their own time.

    Making Services Available to the General Public *
    An employee does not make services available to the general public.
    Contractors have their own offices and assistants. They hold business licenses, are listed in business directories, maintain business telephones, and otherwise generally make their services available to the public.

    Full Time Required *
    An employee normally works full time for an employer.
    Contractors are free to work when and for whom they choose.

    Doing Work on Employer’s Premises *
    Employees work on the premises of an employer; or on a route, or at a site, designated by the employer.
    Contractors work off an employer’s premises and use their own offices, desks, and telephones.
    ~~~ This includes their own grooming table

    Order or Sequence Set *
    An employee performs services in the order or sequence set by the employer. Salespersons report to the office at specified times, follow-up on leads, and perform certain tasks at certain times. *
    Services are performed at a contractors own pace.
    ~~~ A contractor may send a dog home unfinished to return on another day because they want to go home early.

    Furnishing of Tools, Materials *
    An employer furnishes tools, materials, etc.
    Contractors furnish their own tools, etc.

  • #2
    May I quibble??

    There are items in that list that do NOT make sense, and are NOT indicative of a true contractor relationship. I am talking about things like using a heated kennel (assuming it is an enclosed dryer?) even if the owner does not allow one, and sending in an untrained spouse to do professional work.

    No one using a contractor of ANY type needs to allow this type of thing. A hairdresser as an IC is not allowed to send in someone else to do their work. And it is insanely ludicrous to think that they could go further and send in an UNTRAINED person.

    Most of the list is easy and sensible, but I stopped reading after these 2 nonsensical items. Not gonna happen with a contractor for my house or a contractor for my grooming biz. If it does, I would sue.

    I think we need to disregard such foolishness as a basis for having an IC. If these things were true, NO ONE would hire an IC for ANY JOB WHATSOEVER!!!!!!!!!!!

    (And let's not even get started on the item about an IC not providing the main income - can we again refer to hairdressers to see that this does not apply???)


    • #3
      While I wouldn't necessarily agree with a groomer doing the two things Debbie mentioned (using a heated kennel when the salon does not allow them, or sending an untrained person in to groom the dogs), I DO agree that it is not up to the person renting the space to make those decisions. That person is renting space only, and I don't think that person would have any say over how the IC uses that space.


      • #4
        Coming back re IC

        It is not up to an IC to do whatever; part of the IC is "C", standing for "contractor", therefore there is a CONTRACT. It is the contract that spells out how much latitude is given, and spells out things which may not be allowed.

        So while one contract may give "carte blanche" to the IC, another may restrict things like use of an enclosed drying kennel and whatever else.

        It is a contractual relationship with certain things specified as per the two parties.