Many businesses seek to hire extra hands through the holiday season as a way to cope with the shopping rush. Typically, these employees are hired as “Independent Contractors” to insulate the company from the cost of benefits and responsibility for tax withholding, and there are usually further clauses designed to limit an employer’s liability for harmful actions done by the seasonal employee while on the company premises.
But it is important to know that such limitations do not protect employers absolutely, and therefore it is in the corporate best interest to be careful in hiring decisions. Also, when hiring seasonal employees, it would behoove any business owner to speak with a knowledgeable business attorney about the crafting of employment agreements that are ideal for defining the contractual relationship between short-term employees and the company.
If you or someone you know is hiring seasonal employees, contact Foley & Mansfield’s employment attorneys.