First, I agree with everything stated below. The only caveat would be if the work performed as a consultant is different in scope and responsibility. There is no reason the same person can't be a consultant and then an employee of the same org if the duties associated with each are appropriate and meet the definitions of the classification.
Sent from my Verizon Wireless BlackBerry
-----Original Message-----
From: Sandra Nordahl <xxxxxx@FOUNDATION.SDSU.EDU>
Date: Fri, 21 Aug 2009 13:01:08
To: <xxxxxx@hrinet.org>
Subject: Re: [RESADM-L] Consultant THEN employee?
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
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