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Issues with a consultant working at a client for 3 years
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General information
Forum:
Visual FoxPro
Category:
Contracts, agreements and general business
Miscellaneous
Thread ID:
00889068
Message ID:
00889085
Views:
17
>Hi all -
>
>A client of mine just mentioned that her legal department told her there were some issues/requirements dealing with consultants that have been working under contract for more than 3 years. Any HR-types (or others) out there know anything about this? I've never heard this?
>
>Thanks.!

Al - whats the problem ?
1. the consultants themselves ?
2. the time frame ?

[it wasn't that clear to me]
If they are ON SITE at the client's site, there is some 'legal' definition of employee, pseudo-employee, consultant, contractor, etc that makes the lines blur, regardless of the time frame.

One tag was a contractor from another firm at the client's site -
after a year, that contractor was deemed for tax purposes [something].
But I can't for the life of me remember what the disputed 'thing' was.
The resolution was to have the contractor cycle - one week at client's site, one week at contractor's office.

One 'out', of course, is for the consultants to sub-lease space in the client's offices, and provide their own computers and electricity and phone service [and internet access]. Then there is NO issue what so ever as the lines of contractor are DISTINCT, with no blurring.

For some time ? it was the concept of 'who owns the computer' then it was 'who's paying the electricity' then 'what about phone service' ..

There are different regs per state, as well, so finding an exact answer for you will require some digging in the HR regs in your state.

Clear as MUD ? Hopefully someone else can chime in with other concepts.
BUT ? Got a drinking buddy with RHI in that area ? Give em a call and ask, and maybe they'll surreptitiously inquire of their legal department [who should have the answer]

But ? It may be their contractors are on site and have some visa issues. H1-B, L1, etc.

mondo regards [Bill]
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