Employer or Agency?

I'm often faced with potential employers who only want my work done as "freelance". The gist of the arrangement is "I'll pay you after I (the employer) get paid". I am aware of the pitfalls of this without a contact, but I am curious if there are any laws in Ohio that would that would define the "employer" as a really an no-risk employment agency for other firms. Are there additional laws which would make such an employer be subject to regulation and licensing? Not contemplating action just avoiding burns.

1 answer  |  asked Feb 5, 2004 9:30 PM [EST]  |  applies to Ohio

Answers (1)

Ann Lugbill
Employer or Agency

When you have a contract (which can mean an oral agreement), your contract is with whomever you contracted with. Whether you should be an employee or an independent contractor is a complex question involving where you work, who determines your hours, how much control you have over the job, etc. The IRS has the best information on it--you can find the factors that it will consider on the IRS website (read it myself yesterday). If you are an employee, that makes whomever you work for an employer subject to the various laws that apply to employers.

posted by Ann Lugbill  |  Feb 5, 2004 9:55 PM [EST]

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