Part Time employee.. should be 1099 or W-2?

Asked over 4 years ago - Ridgefield Park, NJ

We hired back an HR manager to assist in HR department for two days a week with a fixed weekly salary, but would also do an outside work if not in the office. We put her as employee which receives an W-2 form... Should she be a 1099 instead?

Attorney answers (2)

  1. Herbert J Tan

    Contributor Level 17

    Answered . These are always question of "control". Generally speaking the following factors are important.
    1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
    2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
    3.Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . You might find helpful my Legal Guide "When to Use a 1099 Form"

    http://www.avvo.com/legal-guides/ugc/when-to-us...

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