Even Rocket Lawyer confirms what I have been saying so then why can’t our Town attorney

A consultant is someone who, acting as an individual or through a service company, provides services to your business on a self-employed basis.

The consultant is not your employee and therefore does not have a contract of employment.

Instead, the consultant provides their services to your business under a consultancy agreement.

This is basically a services agreement between the consultant and your business, which sets out the services to be provided and the agreed payment.

*****************************************************************

A consultant, per US definition of the term, is someone who is given a task and is given time frame for completion – how it’s done (the completion part) is entirely up to the consultant.

By definition, this person is a project-driven and has some skills which are needed on a temporary basis.

Anita Rivers should not have made a motion which allows Jones to remain as interim town manager without a time frame even if it had to be done like those for COVID-19. And it was seconded without our attorney providing the legality.

**********************************************************************

 

Things to be aware of

Labeling someone a ‘consultant’ won’t work, if in fact they are behaving and being treated like an employee.

If the tax authorities or an employment tribunal decide that the ‘consultant’ is really your employee, they will ignore the label and treat the consultant like an employee and you may lose any advantages. This can include having to pay tax payable under a normal employment relationship.

To avoid this situation, you need to be very careful about what’s in the consultancy agreement, particularly around issues such as how much work you have to provide, how much you control/supervise the provision of the services, the length of the appointment, whether the consultant is integrated into your workforce and if the consultant can work for anyone else. Consider using Rocket Lawyer’s Consultancy agreement to help ensure you keep to the rules.

You also need to be particularly careful about confidentiality and intellectual property created by the consultant. Once again, consider using Rocket Lawyer’s consultancy agreement to help ensure you stay legally safe.

****************************************************************

Since Tommie is not a programmer and is getting assistance even on our town site, we may not have to worry about his ownership of specific intellectual property except what he may have done with our archives.  All I remember is that we were told he saved us $900 for what it was not mentioned.  Yet Jones has cost us a lot more in attorney’s expenses since our Town Attorney seems to be working on items that should have been done by him, if he had been an experienced town manager.

Leave a Reply