Re: Consultant THEN employee? Sandra Nordahl 21 Aug 2009 15:01 EST
Carol, I think your biggest issue is having the ability to defend why their status changed. The IRS really scrutinizes individual who have a 1099 and a W2 from the same organization in the same year. I would think this would be an audit concern with the funding agencies as well. You would need to be able to justify why it was proposed one way, spent the same way and then changed employment status of the individual. Goes back to consistency in costing. Best of Luck, Sandra Sandra M. Nordahl, CRA Manager, Sponsored Research Administration San Diego State University Research Foundation 5250 Campanile Drive San Diego, CA 92182-1934 619.594.4172 (voice) 619.582.9164 (fax) e-mail: xxxxxx@foundation.sdsu.edu -----Original Message----- From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of Lesley Zajac Sent: Friday, August 21, 2009 12:44 PM To: xxxxxx@hrinet.org Subject: Re: [RESADM-L] Consultant THEN employee? If the consulting has already stopped and the person applies through your regular competitive hiring practice, I don't see why you could not hire him/her. I am assuming you mean as a regular employee with benefits and not as a short-term contractor? Lesley S. Zajac Director, Research Administration Jaeb Center for Health Research 15310 Amberly Drive, Ste 350 Tampa, FL 33647 Tel: 813.975.8690 Fax: 813.975.8761 email: xxxxxx@jaeb.org -----Original Message----- From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of Carol Clem Sent: Thursday, August 20, 2009 2:50 PM To: xxxxxx@hrinet.org Subject: [RESADM-L] Consultant THEN employee? I know there are labor laws, etc. that play into whether someone can be a consultant then hired as an employee or vice versa. Does anyone know if there are grant rules prohibiting a single individual being paid as a consultant then hired as an employee, both paid out of grant funds? Presumably, this is easier to defend than the other way around but still thought I should check. This is a DOE grant to a non-profit so the university regs of no faculty as consultants does not apply here. Thanks for any insight you can provide! Carol Clem Sr. Research Administrator CSU Ventures P.O. Box 483 Fort Collins, CO 80522 (970) 491-7231 (970) 631-6906 Cell 970.491.6785 Fax ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================