DISCLAIMER: This blog post is for informational purposes only and should not be construed as legal advice. If you have any questions about the classification of your workers, please consult with an employment attorney in the jurisdictions where they work.
The layoffs are continuing to roll out, as employers attempt to recover from the economic impact of the pandemic. That means there are a lot of exit interviews being conducted.
What about independent contractors or freelancers? Should you be conducting exit interviews with them, too?
The short answer in New York is no. You are the client, and it is not typically the vendor’s responsibility to provide you feedback about your success in that role. Can you imagine that?
“Nance’s marketing content was very easy to create. She was clear about her goals and had a lot of images, writings, and ideas ready to go.”
“Peter’s kitchen sink was a breeze to unclog. He uses a strainer to catch debris and keeps the area clean.”
This has changed a little since services like Uber, Lyft, and Airbnb allow drivers and hosts to rate customers, but for the most part, clients still review vendors, including independent contractors.
Who Is Really an Independent Contractor?
One of the simplest ways to think about an independent contractor is suggested by the term itself. An independent contractor is a business independent from yours and with a contract to perform services you do not. There are some exceptions, but if your contractor relationship can’t pass this very basic test, we recommend you consult an employment attorney in each of the jurisdictions where you have workers.
Do You Still Want to Do the Exit Interview?
We understand why you might want to meet with your contractors before you terminate their contracts. It seems like the compassionate action to take. However, contractors and freelancers are not the same as employees. They are more like the vendors you need to call to cancel services or renegotiate rates.
If you treat vendors the same ways you treat employees, it may be a sign that they have been misclassified as independent workers. They should probably be on your payroll and extended the same benefits and protections as similarly-situated employees.
If you insist on doing exit interviews with independent contractors:
- Self-audit the workers’ classifications. Federal and state agencies have slightly different criteria for determining who is an employee, even when the worker elects to be a freelancer. If you are unsure, consult an employment attorney.
- Respect the contractor’s time. Independent contractors are often busy people serving multiple clients. They might not have the same amount of time for an exit interview as an employee.
- Focus on the agreement you made. There might be termination provisions in the contract, and these need to be honored. That might mean renegotiation of the terms and agreeing to a settlement amount for breach.
Employees are often employed at-will, meaning either you or they can terminate the relationship for any lawful reason. However, an independent contractor relationship is governed primarily by the contract. If you’re in New York City and didn’t put it in writing, you might have violated the Freelance Isn’t Free Act.
Are your contractors in New York?
Advantages and Disadvantages of Working with Independent Contractors