“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: We want to hire an administrative assistant. Can we classify this person as an independent contractor during a 90-day try-out period … ?

Question:

Question: We want to hire an administrative assistant. Can we classify this person as an independent contractor during a 90-day try-out period and then, if they work out, hire them as a full-time employee at the end of the 90 days?

Answer from Monica, SPHR, SHRM-CP:

It’s highly unlikely that an administrative assistant would meet the criteria for classification as an independent contractor. The IRS and the U.S. Department of Labor, along with state agencies, have specific criteria for determining who is an employee and who is an independent contractor. These criteria focus on the overall relationship workers have with their employer, with particular attention to who controls when, where, and how the job gets done, as well as who has the opportunity for financial profit or loss. Administrative assistants typically do not have that level of control over their work, so they’ll almost always be classified as employees.

I understand that you’d like to hire the individual on a trial basis, with the possibility of continued employment. You can do this by offering them temporary employment. During the 90-day period, make sure that you provide the employee with clear expectations for the position and success in the role. If you elect to end their employment once the 90 days are up, you should document why they are not being considered for continued employment.

Monica, SPHR, SHRM-CP

Monica, SPHR, SHRM-CP

Monica has held roles as an HR Generalist and Payroll and Benefits manager at a large ski resort, providing HR guidance to more than 500 employees. She also has HR experience in the healthcare field and the non-profit world. Monica holds a Bachelor of Science degree from Linfield College.

Get Certified

The first-ever HR certification designed for professionals who are just beginning their HR career journey.

Leave a comment

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.

How Safe Is Your Organization?

Even with millions spent on cyber security infrastructure, all it takes is one employee clicking on one wrong link to compromise critical data, costing your company millions.

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
All
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
HR Q&A

Q&A: Can We Discipline an Employee for Not Taking a Lunch Break?

Yes, generally you can and should require an employee to take a lunch break. In many states, employers are required to provide employees with rest …

Read More →
Affirmation

Affirmation: Longevity Comes From Conscious Living

Remaining cognizant of the choices that I make is a great way to maintain lasting experiences and relationships. When I live consciously, my decisions are …

Read More →
Career Mondays

Career Monday: A Foolproof Formula For Becoming A Team Player

Unless you want to work in a lighthouse, being a team player will probably be part of your job description. It’s a question that comes …

Read More →
Share via
Copy link
Powered by Social Snap