Liability When Hiring Third Parties

Is the hiring party liable for contracts or torts by the hired party? Agents (hired to represent a principal) Employees (hired to work under an employer's control)

Independent

Contractors (hired to perform a task; not directly controlled by the hiring party)

Contracts

Yes, if actual authority, apparent authority, or ratification No, unless ratification No, unless ratification

Torts

Yes, if tort committed within the scope of the relationship (the doctrine of respondeat superior) Yes, if tort committed within the scope of the relationship (the doctrine of respondeat superior) No (generally), unless employer authorizes unsafe practice

Employer Costs, Responsibilities, and/or Liability Exposure

Is the Employer Responsible?

 

For Employees or Agents

For Independent Contractors

FICA/FUTA/FLSA/ERISA

Yes

No

Withholding Taxes

Yes

No

Federal Civil Rights Laws

Yes

Probably no, but varies by court

State Civil Rights Laws

Yes

Yes or no, depending on state

Tort Liability

Yes

Usually, no

Worker’s Compensation

Yes

Usually, no

Liability for job completion

No

Yes

 

 

This site is maintained by Jeffrey Pittman.  Please direct comments to pittman@astate.edu