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Old 04-12-2019, 10:57 PM
 
1,404 posts, read 595,050 times
Reputation: 1284

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Quote:
Originally Posted by PrettyArt911 View Post
Thank you for the advice. I will look into what that entails. I was told that when hiring a private contractor I have no control over HOW the job gets done, just that it gets done. Additionally, if I specify my methods for cleanliness, I can potentially get in trouble with the IRS because they will technically be classified as an "employee."
It is true that you need to be careful about how you describe the job. You cannot say that you'll pay $50/hr to clean at XYZ location for 6pm-9pm daily.

A better way to describe the job as a contract job. For example:

XYZ location is available for cleaning between 6pm and 10pm daily. There are 5 rooms that need attention and we will pay $10/room.

The attention required is:

1. Spotless floors.
2. Dustless furniture.
3. Emptied trash.
4. etc.

Don't define exact hours that need to be worked in the window, and don't tell them how they need to clean the floors, furniture, etc. How can define what clean means, however.
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Old 04-13-2019, 07:58 AM
 
Location: Savannah
11 posts, read 3,906 times
Reputation: 20
Quote:
Originally Posted by Mr. Ryu View Post
I agree with the rest of the posters

You should always interview in person. Maybe for this type of job have a 2 week trial to see if it works out for both parties and then do a actual contract.
Sorry if I didn't clarify. I did interview in person.

Quote:
Originally Posted by Nov3 View Post
1: fire and hire in person.
2: at the exit term go over the final details. The final check time frame and return of any company owned items.
3: without you sitting at her computer..it's not accurate to assume she wrote a poor review. People are allowed to write their perspective on a business. Unless it's libel or slander..
4: there is more then one way to skin a cat...I'd be uneasy if it was 'my way or the highway'..in leading a team member...
Being that it is a small business, I do not have an HR person or anyone for that matter that can back up what I say. I took the advice from the labor board about documenting everything and made the decision based on having proof.

As far as the review is concerned, yes, I do know for a fact it was her that wrote it. She used the same email to write the review (from a client perspective) as she has to remain in contact with me from applying to termination.

Lastly, I am always willing to be flexible and know that there is always something to be taught or learned. With that being said, if an employee can perform an action in a different way than I have specified but achieve the same results, then I am all for it as long as it doesn't add to timing.
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Old 04-13-2019, 08:31 AM
 
827 posts, read 217,930 times
Reputation: 1383
I have an HR background with large and small companies and you appear to be very contentious and handled the termination well. Many employers would have done far less for an employee who misrepresented their qualifications and only worked two shifts. Sometimes employees who have committed the most egregious offenses are the biggest protesters at termination. Sometimes the less said in the documentation the better but I understand your reasoning.

As mentioned, on the front end, please make sure your hiring process is rigorous including employment applications, references, background checks. I am not familiar with your business but I would assume that employee theft (in client's homes) could be an issue. Have had several cases of employee theft with small businesses (and large) so don't underestimate the likelihood no matter how the applicant presents him/her self.

Last edited by Maddie104; 04-13-2019 at 08:40 AM..
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Old 04-13-2019, 08:45 AM
 
Location: Savannah
11 posts, read 3,906 times
Reputation: 20
Quote:
Originally Posted by Maddie104 View Post
I have an HR background with large and small companies and you appear to be very contentious and handled the termination well. Many employers would have done far less for an employee who misrepresented their qualifications and only worked two shifts. Sometimes employees who have committed the most egregious offenses are the biggest protesters at termination. Y

As mentioned, on the front end, please make sure your hiring process is rigorous including employment applications, references, background checks. I am not familiar with your business but I would assume that employee theft (in client's homes) could be an issue. Have had several cases of employee theft with small businesses (and large) so don't underestimate the likelihood no matter how the applicant presents him/her self.
I will certainly be beefing up the hiring process from here on out.

Yes, theft is an issue in this industry. I had to explain to her multiple times that she would be working closely, along side me during the probationary period. But she kept wondering off and jumping from room to room. I couldn't keep up or possibly monitor her, especially when I was correcting everything she overlooked.
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Old 04-13-2019, 08:59 AM
 
827 posts, read 217,930 times
Reputation: 1383
Quote:
Originally Posted by PrettyArt911 View Post
I will certainly be beefing up the hiring process from here on out.

Yes, theft is an issue in this industry. I had to explain to her multiple times that she would be working closely, along side me during the probationary period. But she kept wondering off and jumping from room to room. I couldn't keep up or possibly monitor her, especially when I was correcting everything she overlooked.
Maybe your quick termination action averted an employee theft.
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Old 04-13-2019, 09:27 AM
 
3,921 posts, read 2,757,023 times
Reputation: 7235
Quote:
Originally Posted by PrettyArt911 View Post
I will certainly be beefing up the hiring process from here on out.

Yes, theft is an issue in this industry. I had to explain to her multiple times that she would be working closely, along side me during the probationary period. But she kept wondering off and jumping from room to room. I couldn't keep up or possibly monitor her, especially when I was correcting everything she overlooked.
That must've been horrible, I would have been so stressed!

That's exactly why you can't jump in and offer employment in this type of business. Now you're obligated to do payroll, W-2's, 941's, UI, state tax reporting, etc all for one employee for 2 days. Maybe she did steal something and the client will sue you later.

Small businesses use contract labor all the time when they get busy and need extra help. I have since 1982. You use people as needed when they are available. It's also the perfect way to see if the person is a good fit. You can train them, you can let them use your equipment. If you can tell after an hour that they are horrible, you write them a check for the full time and say thanks, that's all I need for today, no drama, I'll call you if I need you again. If you see they're great after a few times, you can then work out a deal to see if they want to work for you as an employee on a specific schedule.

Like I mentioned earlier, I went through an IRS research audit, where the agent sits in your business and verifies every transaction. Contract labor is perfectly fine and nothing to be scared of. Your only requirement is to file a 1099 if they are paid at least $600. For the ones who earned less, I still had handwritten sheets with their contact info, SS# and check amounts. Now if I required someone to come in and work every week, then they would be an employee.

The lady who cleans my store is an independent contractor for another cleaning company plus does several other businesses like mine, directly. She stays very busy and does an excellent job. I know her very well and trust her, but one time she brought along a helper that I did not trust at all. I made sure someone was watching all the time. You need to make sure the people you hire not only do a good job and pass background checks, but also appear trustworthy. That may be subjective and harsh, but it is what it is.
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Old 04-13-2019, 09:43 AM
 
827 posts, read 217,930 times
Reputation: 1383
Quote:
Originally Posted by KaraG View Post
That must've been horrible, I would have been so stressed!

That's exactly why you can't jump in and offer employment in this type of business. Now you're obligated to do payroll, W-2's, 941's, UI, state tax reporting, etc all for one employee for 2 days. Maybe she did steal something and the client will sue you later.

Small businesses use contract labor all the time when they get busy and need extra help. I have since 1982. You use people as needed when they are available. It's also the perfect way to see if the person is a good fit. You can train them, you can let them use your equipment. If you can tell after an hour that they are horrible, you write them a check for the full time and say thanks, that's all I need for today, no drama, I'll call you if I need you again. If you see they're great after a few times, you can then work out a deal to see if they want to work for you as an employee on a specific schedule.

Like I mentioned earlier, I went through an IRS research audit, where the agent sits in your business and verifies every transaction. Contract labor is perfectly fine and nothing to be scared of. Your only requirement is to file a 1099 if they are paid at least $600. For the ones who earned less, I still had handwritten sheets with their contact info, SS# and check amounts. Now if I required someone to come in and work every week, then they would be an employee.

The lady who cleans my store is an independent contractor for another cleaning company plus does several other businesses like mine, directly. She stays very busy and does an excellent job. I know her very well and trust her, but one time she brought along a helper that I did not trust at all. I made sure someone was watching all the time. You need to make sure the people you hire not only do a good job and pass background checks, but also appear trustworthy. That may be subjective and harsh, but it is what it is.
What works for one industry may not work for another industry. The OP's business is highly rated and she pays above market wages. The OP should evaluate the IRS factors and decide whether she wishes to comply. For example, independent contractors must have the freedom to work for other companies. Does the OP want a 1099 contractor possibly working for a competitor knowing her cleaning methods, her clients, and other information that makes her company superior to her competition. There are a lot of considerations with using a 1099 contractor, not just the payroll aspect.
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Old 04-13-2019, 11:18 AM
 
Location: In a vehicle.
5,038 posts, read 3,224,175 times
Reputation: 8222
Quote:
Originally Posted by PrettyArt911 View Post
Good evening,

I own a cleaning company and just hired my first employee that turned out to be awful to say the least. I hired her after a two week vetting and a multi interview process. All communication was done through email, except for one interview that was over the phone.
I think you skimped on checking background and her "Experience" that alone would have told you enough to not hire her...
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Old 04-17-2019, 01:18 PM
 
1,852 posts, read 744,470 times
Reputation: 3027
Quote:
Originally Posted by PrettyArt911 View Post
Thank you for your response! Yes, I have realized after this hiring, that a paid working interview is probably best.
Yes, glad you learned. A paid trial period is a great idea. Just be sure to tell the person that it's a trial period and they sign a piece of paper acknowledging it. I'm sure you know this already, but you have to protect yourself.
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Old 04-19-2019, 03:39 PM
 
Location: Savannah
11 posts, read 3,906 times
Reputation: 20
Quote:
Originally Posted by sas318 View Post
Yes, glad you learned. A paid trial period is a great idea. Just be sure to tell the person that it's a trial period and they sign a piece of paper acknowledging it. I'm sure you know this already, but you have to protect yourself.
Yes that's what I've been doing. It's actually working out great and they can be paid under "casual labor." What I'm more concerned about is the review. Google will not remove it over semantics. She posted it as a client would if they were unhappy. I told them I had proof that she was a former employee, they said send it. I sent it and they still denied me. I don't understand how they refuse to protect their business owners especially with indisputable proof. Why ask for it then??
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