By Michael Kelsheimer
2. Paperwork – Some believe that since they are only going to be there for a few days, you don’t have to do new-hire paperwork. Just skip the I-9, background check, application, and W-2. Wrong again. If you hire anyone – for 1 day or 1,000, you have to do new hire paperwork.
3. Unemployment – Still others believe that you are not responsible for unemployment if you choose not to hire the person. Wrong, yet again. Unemployment tax is tied to the prospect’s wages during the preceding year, not the employer. That said, the shorter period the person is employed by you the less they will draw from your unemployment account.
Yes, I’m a kill-joy. My client was looking forward to the free time from a prospect employee and the ability to learn whether someone will be a good fit without having to go through all the motions. Unfortunately, most of what he was hoping for is not legal.
But is there anything that can be done? Yes there is. Depending on how long you would like to conduct your interview, we can create a day contract or a week contract for the prospective employee. This will limit your exposure under unemployment compensation laws, and you can even reduce the amount you pay. Where you might pay a good hygienist $20 per hour or more as a full time wage, you can pay them minimum wage during a working interview. You might also forego the background check, etc, during this brief period having the person only complete a W-2 and an I-9.