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  • Writer's pictureTanya S Osensky

Don't give HR training to independent contractors

Victor was working as a 1099 contractor on a large-scale engineering project when his client said he must attend an HR training workshop given to all the client’s employees.

I advised against it. Why? The contract didn’t require it and doing so would raise questions about the overall relationship.

Contractors don’t get employee benefits and are not involved in running the business, so they should not be treated as employees. Otherwise, there’s a risk of establishing an employee relationship which creates both legal and tax obligations. A good contract reflects the actual business relationship and is not just a generic form.

For me, a contract is like a puzzle within a puzzle. The first task is picking the right words and making them fit together just so. And second, is standing back to make sure the provisions work together to accurately describe the arrangement.

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