Contractor vs. Employee: Understanding the Difference and Choosing What’s Right for Your Company

December 17, 2020 at 10:00am11:00am
Philadelphia Regional Integrated Medicine Alliance

10:00 - 11:00 am ET

In early stages of company formation, we have seen that some companies offered officer roles to contractors and later had legal issues as the company grew. Andrew MacDonald will provide guidance on this topic.

Topics covered:

  • Who qualifies as an independent contractor and who qualifies as an employee?
  • Under what circumstances can you classify an individual as an independent contractor?
  • When should you convert an independent contractor to an employee?
  • Which jobs are best for each classification?
  • Pitfalls to be aware of and examples of how to overcome them
  • Why officer positions may or may not be considered to be employees, and why they should not be outsourced
  • Pitfalls to be aware of and examples of how to overcome them
  • Dealing with work for hire products and negotiating rates
  • How to be sure you own work products as comprehensively as you may need (for derivative works, code and new versions…)
  • Special considerations: When might a consultant not be entitled to assign IP and work products to you (such as if they are with a university or other such employer).
  • Under what circumstances consultants may assign someone else to do the work you’ve engaged them to do, including under the entity they set up (such as an LLC for their consultancy).

The Philadelphia Regional Integrated Medicine Alliance (PRIMA) is a public/private partnership focused exclusively on nurturing the region’s biotech/pharma technology ecosystem. Built upon the success of Ben Franklin’s FabNet program, a regional partnership for rapid prototyping and fabrication, PRIMA provides resources and funds for entrepreneurs and startups in the life sciences to create economic impact in the Philadelphia region.