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Freelance Contractor vs. Employee


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Member 262
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Looking for policy and/or guidelines for long term freelancers.  I want to ensure we are meeting guidelines as to what constitutes a freelancer vs. employee.  A few of the freelancers do not want a full time position, but how do I ensure there are no issues in the future if we no longer need the freelancer.  Are long term freelancers standard in this industry?


Member 215
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Hi Hope,

I'll email you some contracts and agreements we have for freelancers.


Member 262
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Thanks Melissa!

I printed a few contracts/agreements I found on the site and we have all freelancers sign an agreement, however, my concern regards long term freelancers.  3 of our freelancers were previous employees:

1 - laid off in March of 2011; came back to freelance, was talked to about permanent position at a lower rate as designer vs art director - doesn't seem interested

1 - quit to go make shoes in Milan, came back and asked to work part time as freelancer, however, she is working 40+ hours a week most weeks

1 - quit in March because she wanted more time with her children; agreed to work freelance 24 hours a week, but works on average 36-40 hours a week

We also have a young Jr Designer, says she is not interested in full time position, but if work slows and she goes for unemployment; what can we do to ensure it is not determined she is an employee?

No benefits for freelancers (medical, disability, life, PTO, holiday, etc.)

Issued 1099-Misc at the end of each year

Any input would be greatly appreciated.

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Hi Hope:

Following is a link to an article about freelancer status. It also includes the freelancer rules published by the IRS.


Give me a call if you want to talk.



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