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Q: How long does an employer have in TN to pay after termination if employee was an independent contractor?
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Can your employer charge a 1099 employee for workmans comp?

An employer should not charge a 1099 employee for workman's comp. If you get a 1099 you are not in an employer, employee relationship You are an independent contractor.


Why is it important to make a distinction between an employee and an independent contractor?

An employer can be vicariously liable for the torts committed by an employee while they are in the scope of their employment in certain situations. An employer will not normally be held vicariously liable for the torts of an independent contractor because of a lack of supervisory control.


Can you withhold funds from independent contractors for any damages that they do while in your employ?

First an independent contractor is a self employed taxpayer and would NOT be your employee and you are NOT the independent contractors employer.


Can a person be an employee and an independent contractor at the some time?

yes they can - a prime contractor holds the actual contract and then in essence hires a subcontractor to do some of the work. an independent contractor is not an actual employee of whoever is paying him for his work. so there is no reason one person can't be both and often they are


Can you file a claim against employer if you are an independent contractor?

Yes.


What must happen before an employer allows an employee to make independent work?

The employer must trust the employee.


Is it legal for an employer not to take taxes out of my paycheck?

If you are an employee (not an independent contractor receiving a 1099 instead of a W-2), it is an absolute requirement that taxes - all types - income, FICA, unemployment, etc., etc be handled by the employer.


Can an employee be a contractor for the same employer outside of his normal working hours?

It would be a rare employer that does not have rules against it. However, as a contractor, you can independently state your hours and how you do your work.


Does a home based business have to pay payroll taxes for an employee?

It depends on if the employee is considered a contractor meaning does the employer have any say in how results are produced and if the employee makes over $500.00 If the employee is not a contractor, then taxes need to be paid by the employer and the employee. A good place to get more information on this is a local small business association.


What must happen before an employer allows an employee to make independent work decisions?

The employer must trust the employee.


Does an employer have to provide a W2 to an employee upon termination?

when it comes tax time they have to provide it!! <3


Can an employer legally send an email to all other employees advising of a termination and the cause about the employee?

yes