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Being a contractor and an employee, for the same company


"Can an individual who is an employee to a company but has a completely separate business that the company needs services from, be an Independent contractor for the same company?"

This question was asked at a recent webinar, now available on-demand:

"Employee or Independent Contractor? That is the Question!"

Please add your thoughts about it below. Thanks!


Ern Miller
Title: Co-CEO
Company: Miller Small Business Solutions
(Co-CEO, Miller Small Business Solutions) |

I don't know the legal side, but seems possible. For example, you might have a secretary who has a side business of throwing cupcake parties for businesses. The company hires her to throw a party.

(Editor) |

Yes, it is possible for it to happen. I was at a conference recently where a speaker gave this example: You have a janitor who has a side business as a DJ. Your company could very well hire him to perform at a company party.

But let's say this janitor has a side cleaning business. If you hired him (as an IC) to clean up after the party, your company would have a hard time proving that should be an IC relationship.

It all comes down to how different the employee's side business is from their employee-related functions.


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