Questions About Employment Law

Q. When do I need agreements with employees, contractors, and service providers (sometimes called SLAs?)

Having a contractor or service provider company, you need to always have an arrangement. With no written agreement drafted under copyright law, you won't have the work product of the persons you employ. Moreover, you need to be confident that the contractor or service provider warrants that the work is original and that the services are agreed upon, that the work product is warranted and will not infringe the rights of another party.

Q. Information on an employment program is critical. Why?

A. The employment application is a part of the employment relationship. It might be an important document in an employment-related lawsuit. What is said in an employment program could act as a basis for a wrongful discharge claim, or it could give the employer a defense to get a wrongful discharge case. Employment applications have also been the focus of discrimination suits against employers. Applications should be periodically reviewed to make sure that the company is protected by the program and also to ensure that the questions asked are proper.

Q. Can a foreigner work for a U.S. employer whilst here on a B-1 company visitor visa?

A. No. The notable feature of this class is that the alien cannot engage in gainful employment in the United States. Key here is if the alien will be paid a salary by a U.S. company or otherwise participates in activity here that results in payment on the foreigner of a fee for services rendered here. Gray areas on this issue might become a problem for some company visitors in the category. It's ideal to consult with an immigration lawyer to make sure that one does not violate federal immigration laws and remains in status that is legal.

Q. What is the difference between independent contractor and employee?

An independent contractor is currently in business for him/herself. The individual contractor makes quarterly federal and state personal income tax deposits (according to annual estimates), pays the entire contribution to social security and Medicare taxes, and supplies his/her own insurance and benefits. An independent contractor is not subject to wage and hour regulations and does not gain from any unemployment insurance program.

Q. Is it mandatory to notify authorities workers ahead of firing them?

A. No, unless: