Pod Tutor--Independent Contractor or Employee

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Wondering whether there are any tax attorneys or CPAs who are looking into this. Google says 'yes and no' and all the grey in between, but wondering if there's something definitive to rely on for VA residents. Thank you!

I say independent contractor that way you don't need to cover their employment taxes, they pay their own self-employment taxes.

Please do not ever again give advice on this subject to anyone.

Whatever, weirdo.

New poster here: she’s right though and you’re wrong.

In general:
A pod teacher will likely be your employee if you provide the guidelines for instruction and set the hours and days the instructor works. The teacher could be considered an independent contractor if they have set up their own business and have multiple learning pods AND you need to work around the teacher’s availability AND have little input into the curriculum and daily schedule of your children. The instructor would provide everything they need for the care and learning of your children.

I think nearly all learning pod teachers are employees. How many do you think are told to set their own hours?

To think that this is only determined by set hours is naive. Honestly, I can give any advice I want on an anonymous forum. Especially when I have first-hand experience with this.

[Anonymous]

If you hire me as in independent contractor and then try to treat me like an employee, just know I'd walk and wouldn't care about leaving you in a lurch m that's all the loyalty an independent contractor owes you. Anyone worth their salt would too. ✌️

[Anonymous]

Anonymous wrote:If you hire me as in independent contractor and then try to treat me like an employee, just know I'd walk and wouldn't care about leaving you in a lurch m that's all the loyalty an independent contractor owes you. Anyone worth their salt would too. ✌️

I've been an independent contractor (in the field of k-12 education) for almost 15 years. I do it so that I have flexibility. As you mentioned above, as soon as they start to treat me like an employee, I normally terminate the contract.

[Anonymous]

Can you please explain what you mean by “treat like an employee”?

[Anonymous]

Anonymous wrote:Can you please explain what you mean by “treat like an employee”?

I am curious about that too. And, how do parents find pod tutor? Through an agent, word of mouth, through local neighborhood listing or post an advertisement? Is that possible to book one now for next school year ( fall 2021) with a deposit contingent on public school going virtual or hybrid? My kid is not in public school system yet.

[Anonymous]

Anonymous wrote:Can you please explain what you mean by “treat like an employee”?

In my mind treating me like an employee would entail the following for pod tutoring/teaching.

- Setting my work hours for me instead of me telling you my availability and you working with me. I have multiple jobs, why would I give anything up for you for just another IC gig? I'd be better off doing door dash or Uber in my spare time.
- Telling me how to do the job, micromanaging, changing your expectations as you go. If I'm an independent contractor you can't treat me like a household employee because you don't own me.
- Mandating I stay on the job for any amount of time. With at-will employment no policy you try to implement would have any teeth anyways.

As far as making a "reservation" for next school year good luck. I'm not making any commitments more than a month out for anyone in these times. My advice? Make friends, build relationships, and don't expect people you don't know to go out of their way for.you.

[Anonymous]

What a nightmare to have to worry about this.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Can you please explain what you mean by “treat like an employee”?

In my mind treating me like an employee would entail the following for pod tutoring/teaching.

- Setting my work hours for me instead of me telling you my availability and you working with me. I have multiple jobs, why would I give anything up for you for just another IC gig? I'd be better off doing door dash or Uber in my spare time.
- Telling me how to do the job, micromanaging, changing your expectations as you go. If I'm an independent contractor you can't treat me like a household employee because you don't own me.
- Mandating I stay on the job for any amount of time. With at-will employment no policy you try to implement would have any teeth anyways.

As far as making a "reservation" for next school year good luck. I'm not making any commitments more than a month out for anyone in these times. My advice? Make friends, build relationships, and don't expect people you don't know to go out of their way for.you.

I think the second one would be a deal breaker for a lot of people. Teachers actually understand how to teach and how to do their jobs, and having someone micromanage it would be challenging.

One of the biggest components of being an independent contractor, Is that the hiring person is looking for an outcome/result. Not necessarily to manage every single step on the way to that outcome.

[Anonymous]

Anonymous wrote:Whether you owe employment taxes depends on the nature of their work and your supervisory responsibility, you can’t just decide to call them independent contractors and not pay employment taxes.

This. The IRS has a test for this. You dont get to just pick. And misclassifying someone can result in owing not just your portion of employment taxes, but theirs as well since you were supposed to withhold. Also the time to figure this out was at the beginning of the relationship, not at tax time. Is your plan to surprise your tutor with a 1099 and a bunch of surprise taxes?

[Anonymous]

https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

If you set the payment rate, set the hours, determined where the services take place, provide the equipment or reimburse for it, and control the nature of the services provided, you have an employee and are responsible for your share of employment taxes.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Can you please explain what you mean by “treat like an employee”?

In my mind treating me like an employee would entail the following for pod tutoring/teaching.

- Setting my work hours for me instead of me telling you my availability and you working with me. I have multiple jobs, why would I give anything up for you for just another IC gig? I'd be better off doing door dash or Uber in my spare time.
- Telling me how to do the job, micromanaging, changing your expectations as you go. If I'm an independent contractor you can't treat me like a household employee because you don't own me.
- Mandating I stay on the job for any amount of time. With at-will employment no policy you try to implement would have any teeth anyways.

As far as making a "reservation" for next school year good luck. I'm not making any commitments more than a month out for anyone in these times. My advice? Make friends, build relationships, and don't expect people you don't know to go out of their way for.you.

I think the second one would be a deal breaker for a lot of people. Teachers actually understand how to teach and how to do their jobs, and having someone micromanage it would be challenging.

One of the biggest components of being an independent contractor, Is that the hiring person is looking for an outcome/result. Not necessarily to manage every single step on the way to that outcome.

The outcome/result in part depends on the effort of the students.

You can lead a horse to water, but you can't make it drink. If you want to pay me based on outcomes that are a moving target I'd just laugh and wish you good luck.

If you're having the pod person manage distance learning implemented by the schools they also can't change the dysfunction coming from that side. Volunteering to get caught in the middle of a lose-lose situation just to be an IC? Hard pass.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Whether you owe employment taxes depends on the nature of their work and your supervisory responsibility, you can’t just decide to call them independent contractors and not pay employment taxes.

This. The IRS has a test for this. You dont get to just pick. And misclassifying someone can result in owing not just your portion of employment taxes, but theirs as well since you were supposed to withhold. Also the time to figure this out was at the beginning of the relationship, not at tax time. Is your plan to surprise your tutor with a 1099 and a bunch of surprise taxes?

This. You don't get to pick

[Anonymous]

Anonymous wrote:https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

If you set the payment rate, set the hours, determined where the services take place, provide the equipment or reimburse for it, and control the nature of the services provided, you have an employee and are responsible for your share of employment taxes.

This

[Anonymous]

Tutors are considered contractors by labor department unless you do something weird with their contract.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Wondering whether there are any tax attorneys or CPAs who are looking into this. Google says 'yes and no' and all the grey in between, but wondering if there's something definitive to rely on for VA residents. Thank you!

I say independent contractor that way you don't need to cover their employment taxes, they pay their own self-employment taxes.

Please do not ever again give advice on this subject to anyone.

Whatever, weirdo.

No, she's right. You gave patently wrong advice.