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Since the Vizcaino v. Microsoft decision, how to maintain the distinction between contract workers and employees has been blurred. Employers have no safe harbor in which to operate to ensure that contingent workers are not reclassified as employees by the courts or the IRS. The tips below may mitigate the facts in favor of a finding that your contract attorney is not reclassified as an employee, should an inquiry ever be made.
Tips for keeping contract attorneys just what they are - contract attorneys:
- Ensure that the attorney has signed an agreement that she or he is not an employee of the company.
- Do not treat the contract attorney as an employee.
- Allow the attorney to work as independently as possible.
- Allow the contract attorney to accept work from other clients, if possible.
- Work through the placement agency regarding discipline, termination, and similar matters.
"Spring 2013 Firm Advice Newsletter"
In-house and Law Firm Legal Market
"Spring 2009 Firm Advice Newsletter"
Permanent and Temporary Legal Placement
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"Mentoring Opportunities for Today's Lawyers" (Quoted)
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"How Did They Do It?"
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"Thinking Small" (Quoted)
By Christine M. Garton
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By Mary W. Legg
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"Client Development, Part Two - How to Network"
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WBA Raising the Bar - January/February 2002
"Recession: A Grim Toll on Firms" (Quoted)
By Jennifer Myers
The Legal Times - December 10, 2001
"Client Development, Part One"
By Mary W. (Adelman) Legg
WBA Raising the Bar - November/December 2001
"The In-House Life"
By Mary W. (Adelman) Legg
The Legal Times - November 19, 2001
"Legal Market Feeling Pain In All Corners" (Quoted)
By Jennifer Myers
The Legal Times - October 22, 2001
"In-House Lawyers Still Mostly White" (Quoted)
By Siobhan Roth
The National Law Journal - August 14, 2000
"How Should Your Contract Attorney Be Billed?"
By Mary W. (Adelman) Legg
The Legal Times - June 30, 1997
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