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Old 06-12-2012
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Question Contract Employee ?
This morning I began working for a new client at his office. He asked me to sign a non-disclosure agreement which I had no problem with. Except the term used to describe me was contract employee. I asked him to change it to sub-contractor as that is what I am. In my view the whole agreement sounded like one that an employee would sign.

Was I wrong to object to the term "contract employee" ?

Your feedback on this is greatly appreciated.

Jenn
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Old 06-13-2012
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Default Re: Contract Employee ?
Jenn,

You were right to object unless you want to become an employee of the company. Once you sign that agreement you become an employee of the company however I am not sure how employee taxes work in Canada but here in the states they would be responsible for your taxes and such. As an employee of a US company your tax write-offs differ from those of a sub-contractor or business owner.
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Old 06-13-2012
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Default Re: Contract Employee ?
Hi Jenn,

You were not wrong in your request or your thinking. In addition to what Lee said, the client could potentially get into some hot water. Here in the U.S. there is a distinction between employee and sub-contractor. This distinction can be the determination of the client paying or not paying employee taxes. If they don't and have you listed an employee, there could be consequences (penalties, etc). Again, I am not sure if it works the same way in Canada.

Regardless of that, you also want to be sure you establish your working relationship from the get-go as a partnership and not one in which you are an employee or subordinate. You are a business owner just like the client, providing a service to him. Being listed as a contract employee negates that - at least in writing.
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Old 06-13-2012
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Default Re: Contract Employee ?
Thanks so much for your replies Lee and Darlene. I was really second-guessing myself on this one.

Here in Canada we have the same issues regarding employee and independent contractor. I think he's in the employer/employee mindset. Think I'll send him my contract.

Jenn
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Old 06-14-2012
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Default Re: Contract Employee ?
You could always check with your Accountant to get feedback. I do agree with the others, we have a similar set up here in Australia. Our clients need educating :-)
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Old 06-14-2012
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Default Re: Contract Employee ?
They certainly do Kathy. I'm going to call him tomorrow and see if he changed the wording in the agreement.

Jenn
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