Actually, you're correct - if they do anything that smacks of an employee evaluation it'll raise red flags with the IRS, and they'll start demanding tax withholding and such. We ran into that with the Lesbian & Gay Chorus of Washington.
However, the board can poll the dancers and present the results without any sort of slant, and they can always use that at contract renewal time to "change their expectations" or tell the contractor how they failed to meet the preexisting expectations. Which is not to be confused with "recommendations for improvement" (although they're really the same, just technically different enough to work around the issue), which would be an employee thing. All they can do with contractors is tell them whether or not they met expectations, and why or why not.
Damned IRS - it's all their fault. And thanks for pointing it out, John - I'd totally forgotten the contractor v. employee issue.
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Re: it's complicated
Date: 2009-09-18 04:32 pm (UTC)However, the board can poll the dancers and present the results without any sort of slant, and they can always use that at contract renewal time to "change their expectations" or tell the contractor how they failed to meet the preexisting expectations. Which is not to be confused with "recommendations for improvement" (although they're really the same, just technically different enough to work around the issue), which would be an employee thing. All they can do with contractors is tell them whether or not they met expectations, and why or why not.
Damned IRS - it's all their fault. And thanks for pointing it out, John - I'd totally forgotten the contractor v. employee issue.