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Michael Bracamontes, Esq.

Rocket Lawyer On Call Attorney

Common Employer Questions

What’s the difference between hiring an independent contractor and an employee?

As an employer, this distinction can determine how much oversight you’re committing to and what taxes you’ll be obligated to pay. Typically, independent contractors have far more freedom in how and when they operate and are hired on a job to job basis. They also usually bring their own materials. When you hire an independent contractor you’re usually not required to pay the employer’s share of Social Security, Medicare, and unemployment taxes.

What should I include in an Employment Agreement?

There’s a lot to consider when you’re hiring on a new employee beyond the basics of salary and start date. Depending on the nature of your business, you may want to consider a confidentiality agreement to keep your company’s information safe, a non-compete agreement, or an invention assignment agreement to decide who owns the rights to any new creations. All of these simple additions can help you resolve issues before they happen.

What questions can’t I ask when I'm interviewing someone?

An interview with a prospective new hire is your opportunity to find out all the relevant information; however, there are strict limits to what you can legally ask. While you can ask if someone is legally eligible to work for your company, you can't inquire into residency status or anything involving race, religion, family status, mental or physical health, or age. If you’re worried that someone may regularly miss work due to health issues, it’s likely best to cut to the point. Simply asking your interviewee if he or she plans on having to miss work frequently can put your concerns to rest, while respecting privacy rights.

How do I lay out employee benefits and policies?

Everyone likes to run their business their own way, and it’s important that all your employees are on the same page. When you’re laying out the guidelines it may be beneficial to create a comprehensive employee manual that contains all the relevant information: health benefits, vacation time, company email policy, and any other details you want in writing. However you choose to go about it, having your policies in writing from the beginning can provide a useful reference and help avoid issues down the road.

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I'm here to help Auston A. Auston A.
Rocket Lawyer Business Specialist
(877) 881-0947
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More Employer Documents

Hire the Best Candidates

Employment Application Find the perfect employee
Confidentiality Agreement Protect your important information
Employment Contract Make your new hire official

Create Employee Policies

Employee Handbook Share your business's rules with your employees
Company Cell Phone Policy Govern how phones can be used on site
Email Policy Keep employees on task

Manage Your Employees

Employment Agreement Amendment Change an existing agreement
Leave of Absence Give an employee time off
Employee Evaluation Take stock of your employees' accomplishments

Get Outside Help

Independent Contractor Agreement Get help from a professional
Mutual Non-Disclosure Agreement Share information without worrying
Consulting Agreement Outline responsibilities for your consultant
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