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Can You Classify Someone as an Independent Contractor During a Probationary Period?

Many businesses classify workers as independent contractors for an initial probationary period, and convert them to employees upon completion of this period.

You should know that the Independent Contractor Law does not differentiate between probationary and permanent employees. If you can't meet the three-part test under the law, those individuals should be paid as W2 employees even during an initial trial or probationary period.

Employers should remember that it is no harder or easier under the law to end a probationary employment relationship than a permanent one.  Unless you have a contract that says otherwise, employment in Massachusetts is at will.  This means regardless of status, you can terminate employment for any reason, as long as it is not an unlawful reason under the law. 



Learn more here about the Massachusetts Independent Contractor Law.

Need Help With Independent Contractor Classification?

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Can you classify someone as an independent contractor during a probationary period?

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact