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General Tabletop Discussion
*Dungeons & Dragons
Mari Kolkowsky (D&D Art Director) got laid off yesterday
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<blockquote data-quote="Campbell" data-source="post: 6215856" data-attributes="member: 16586"><p>Freelancers are independent contractors. As such: <ul> <li data-xf-list-type="ul">You have minimal control over their day to day activities.</li> <li data-xf-list-type="ul">They are paid only for a specific duty stipulated in the contract.</li> <li data-xf-list-type="ul">Generally do not work within the same place of business</li> <li data-xf-list-type="ul">Have other contracts/jobs</li> <li data-xf-list-type="ul">Retain copyrights barring separate assignment</li> <li data-xf-list-type="ul">Generally work for the business for a short period of time.</li> </ul><p></p><p>There are other factors. Determination of employee/independent contractor status is an issue for courts to decide if it becomes relevant, such as when the IRS wants their payroll taxes.</p><p></p><p>More importantly unless they are also contracted as agents of the hiring party (known as the principal) they cannot enter into contracts on behalf of the principal. Agency also entitles the principal to notification of all important facts, have a duty to act solely on behalf of the principal, duty to follow all lawful instructions, must account for all funds paid/received on behalf of the principal, among other factors. Employees are generally assumed to be agents of their employer.</p><p></p><p>There are also certain liabilities that go with employment (taxes) and agency, but an art director most definitely needs to be able to act as an agent of WotC. You are also going to want more substantial control over their day to day activities, and certainly want them in house since they are going to be privy to trade secrets.</p><p></p><p>I'm not a lawyer. I am a business student.</p></blockquote><p></p>
[QUOTE="Campbell, post: 6215856, member: 16586"] Freelancers are independent contractors. As such:[LIST] [*]You have minimal control over their day to day activities. [*]They are paid only for a specific duty stipulated in the contract. [*]Generally do not work within the same place of business [*]Have other contracts/jobs [*]Retain copyrights barring separate assignment [*]Generally work for the business for a short period of time. [/LIST] There are other factors. Determination of employee/independent contractor status is an issue for courts to decide if it becomes relevant, such as when the IRS wants their payroll taxes. More importantly unless they are also contracted as agents of the hiring party (known as the principal) they cannot enter into contracts on behalf of the principal. Agency also entitles the principal to notification of all important facts, have a duty to act solely on behalf of the principal, duty to follow all lawful instructions, must account for all funds paid/received on behalf of the principal, among other factors. Employees are generally assumed to be agents of their employer. There are also certain liabilities that go with employment (taxes) and agency, but an art director most definitely needs to be able to act as an agent of WotC. You are also going to want more substantial control over their day to day activities, and certainly want them in house since they are going to be privy to trade secrets. I'm not a lawyer. I am a business student. [/QUOTE]
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Community
General Tabletop Discussion
*Dungeons & Dragons
Mari Kolkowsky (D&D Art Director) got laid off yesterday
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