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Can I be both an employee (W2) and an independent contractor (per diem) with two different companies?

Fremont, CA |

I am currently a full time speech therapist in the public schools, but will also be working as an independent contractor for a home-health agency where I treat mostly geriatric patients. Will this be allowed? I'm a speech therapist for both, but I'm working with entirely different populations and settings (1 is educational and 1 is medical). I'd appreciate your timely response. Thank you!

Attorney Answers 4


  1. There's no tax issue with working 2 different jobs with 2 different forms of employment as long as you properly report each revenue stream, but you need to make sure that your contracts with each job don't contain exclusivity clauses or priority clauses or don't otherwise conflict.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


  2. I agree with the prior attorneys. From a tax perspective, be sure to document all out of pocket expenses and divide them between these two ventures since you will need to report the indep K on Schedule C and the out of pocket w-2 income on Form 2106.

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  3. So long as appropriate reporting, there should be no problem with working as an employee for one entity and as an independent contractor for another entity. You should verify your contract with the entity that employs you as an employee does not prohibit you from other employment via an exclusivity provision.

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