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Update: This morning I was checking my business email and the former employee left a 1 star review on Google posing as a client stating that my services are average. I am now having to go through the hassle of having it removed.
Last edited by PrettyArt911; 04-12-2019 at 06:55 AM..
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.".
No, that's pushing it past what the IRS means. There are different scenarios.
I hire contractors all the time during busy times and also went through an IRS audit that reviewed this. I hire people to come to our location and tell them what to do and pay them for the time they are there. It's fine because I ask them when they're available, they're free to work for other companies as well, they control their schedule. Each one keeps track of their hours in a notebook (with their name, ss#, address) and I mark when I pay them, then send them a 1099 the following year if I pay them more than $600.
After seeing how they work and what their strengths and weaknesses are, if I do need to hire another employee on a regular basis, I have a good idea who I would offer the job to first.
If I were you, I'd be doing it the same way, advertising for extra help in growing cleaning business. Set an hourly rate and pay them that day, especially if you don't want to ask them back.
No, that's pushing it past what the IRS means. There are different scenarios.
I hire contractors all the time during busy times and also went through an IRS audit that reviewed this. I hire people to come to our location and tell them what to do and pay them for the time they are there. It's fine because I ask them when they're available, they're free to work for other companies as well, they control their schedule. Each one keeps track of their hours in a notebook (with their name, ss#, address) and I mark when I pay them, then send them a 1099 the following year if I pay them more than $600.
After seeing how they work and what their strengths and weaknesses are, if I do need to hire another employee on a regular basis, I have a good idea who I would offer the job to first.
If I were you, I'd be doing it the same way, advertising for extra help in growing cleaning business. Set an hourly rate and pay them that day, especially if you don't want to ask them back.
Here is the IRS criteria -- it's a weighing of the factors but, technically, the OP is correct about one of the factors being degree of control of the work.
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.
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...
I would pay a lower wage for a trial period of 2 weeks or a month. Then raise her pay every couple weeks 2 or 3 times based on performance and state the performance expectations, such as clean a house in a certain amount of time and give detailed check list of what will be done, then have her check off each item. Then at least meet her at the end of the first few jobs and do a review and give feedback. She will have a money incentive to follow instructions and take feedback. Tell her she is a temp employee for the first 3 months and you may hire her permanently after 3 months, depending on if she can do a good job without supervision at that time.
Thank you for your response! Yes, I have realized after this hiring, that a paid working interview is probably best.
This.
The termination should be in person. You cannot be an employer and remain anonymous. You could have had an email prepared and printed, worked the next job with her, then at the end (if her performance remained unacceptable) let her know that she was terminated. I would not get into a detailed explanation, just that her performance is not to acceptable standards. Unless you are using an accounting service that precludes it, you could even have her final paycheck prepared and ready to go.
And do not respond to her emails and calls except to provide facts as required. Do not get into arguments justifying your actions or defending against attacks.
Please note in the email I told her I thought she had a great personality and liked that she was punctual, etc. However, I did tell her nicely that she was not a good fit due to her needing more training than I could offer her based on the fact that in my hiring ad I was looking for a seasoned cleaner and paying double the amount compared to other competitors.
It is rarely a good idea to include both a positive message (good personality, punctual, etc) and a negative one (you're fired) in the same communication.
In my experience, it is best to tell the person face-to-face they are fired. Be prepared for tears and curses. But tell them in person, and follow it up with a communication saying they are terminated and the last day of employment and request and reply with a location to send the last paycheck.
By the way, there is a fair bit of academic evidence published in peer reviewed journals indicating that interviews are a very ineffective way to select employees. You can probably rule out some people via a face-to-face interview, but there are far more effective ways to find employees who have the skills you're looking for, or who have the ability to learn if you're willing to teach.
Best of luck going forward.
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