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Can I Fire (normal payroll) and Rehire on a Contract Basis?
I had to let go of an employee 2 weeks ago, but finding a replacement has proven difficult. I made the difficult decsion to allow him to come back for 2 nights ONLY (allow another employee time off) to help us out. Can I pay him for contract work (i.e. no taxes, seperate check) or is this a lawsuit waiting to happen? Do I need to rehire him back to the payroll and then fire him again?
1 Answer
- ThinkerLv 71 decade agoFavorite Answer
He is an employee by IRS rules.
If you incorrectly classify an employee as an independent contractor, you can be held liable for employment taxes for that worker, plus a penalty.
No need to hire and fire each time. He is just a part time employee without a long term schedule. This is very common.