Funny how most are quick to get rid of someone or sew his employer for trying to do the right thing. employee vs. contractor goes way deeper than that. Good people are hard to find and harder to keep so here is my take on this, I have a sub who's been with me for 8 yrs, he does good work, and I want to keep him. so If the MSO comes out with a new product he needs to know how to install it and be familiar with it. according to the first reply I need to get rid of him?? and according to the second reply I need to re-classify my whole organization?? Pretty silly thinking. Installers/contractors make there money on work performed ie: no work no pay.... So with that being said here is what I offer my people. I post a training class on the new product it's not mandatory that you attend however I will pay you if you do. If you don't attend you might not get that kind of work because you don't know it so I would think you might attend. I make it so all could be there if they wanted, offering it a few days a week at different times to try to accommodate everyone so they are all up to speed.
To be fair, the above replies they have some valid points , No, I wouldn't pay someone who comes to me not knowing anything about what we do, however you can make a contract with him to train with you for up to 90 days. It's called Temp work so no benefits need to be paid and you can pay min. wage if you like. some people have potential and the laws governing contractor vs.employee don't apply here. The point here is that after 90 days or less (depending on your contract agreement) your contract is over and he/she is free to go, then hopefully working with you but thats the chance you take.
If you make training mandatory, setting timed/dates/places can be looked at as control, then you get into the other issues the other reply mentioned.
This is what I do and in no way am I saying you should. My lawyer and the IRS have no issues with the way I conduct this. I don't make my people do anything, Just try to make them better at what they do.
Re: subcontracting
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