An Independent Contractor Needs an LLC Too

One question I get asked is, “I’m an independent contractor for XYZ, do I need an LLC?”

If you would like to schedule a consultation, we can discuss your unique situation.

CONSULTATION

Indepedent Contractors for Well Known Companies

Many businesses such as Mary Kay Cosmetics, Beachbody, Optavia, and Amway have their work/sales force as independent contractors.  They are paid a form of commission for the products that they sell and that income is reported to the IRS as 1099.  The independent contractor is able to deduct business expenses.  The mantra, “In business for yourself, but not by yourself” is often used.

The problem is that an independent contractor is solely liable (there is no employer to step in and assume liability or to be vicariously liable for the employees’ actions).  It is good for the company, but not necessarily good for the independent contractor.  There are several instances when this will affect you in a significant way.

Liability for Downline Independent Contractors

First, if one of your “downline” independent contractors does something against the law.  Oftentimes, when a plaintiff files a lawsuit they will name everyone possible.  This includes people who are “up” from the person they are suing who may have more money.  They will try to find you liable for contributing to the illegal act of the independent contractor.

This means that if you do not have an LLC, you may be found personally liable and lose any significant assets you may have.  The plaintiff could also garnish your non-independent contractor wages.  At the very least you may have to pay to defend yourself against the lawsuit, which is very expensive.  The LLC is likely to have fewer assets and essentially be judgment proof.  The plaintiff is likely to not even file the lawsuit against you.  The LLC will have insufficient assets and the plaintiff cannot pierce the liability shield to have access to your personal assets.

Liability for Company

Second, if the company that you are affiliated with is found liable due to a defective product (or some other reason that you could be found liable) as the distributor or seller of the product it is possible that you will be found liable as well.  As mentioned above, at the very least you will have to defend yourself against a lawsuit.

Final Thoughts on Independent Contractor Liability

An LLC is not the answer to every problem, however, it is the answer to many problems.  If you have a home or have significant assets, and are an independent contractor having an LLC will shield your personal assets from a possible judgment.  Given how inexpensive it is to form an LLC compared to the costs of litigation or a judgment, the best option is to protect yourself.

Contact me today to protect your personal assets!

CONSULTATION

NOTICE: The information on this website does not constitute legal advice and you should not rely on any information without seeking the advice of a competent attorney licensed to practice in your jurisdiction. This web site is both a communication and/or solicitation as defined by California Rules of Professional Conduct, rule 1-400. For further information, please click here.

By |2018-07-02T19:26:32+00:00May 2nd, 2018|Categories: Business Formation, Litigation|Tags: , , , |0 Comments

About the Author:

Taylor Darcy was born in Utah and moved in the late 1980s to sunny Southern California. He has lived in places such as Alberta, Canada, Arizona, Montana, and Florida; however, he has always come back to the best weather on earth. Taylor is a graduate of California Western School of Law in San Diego, California, and a California licensed attorney. Taylor has an amazing wife and two beautiful daughters, he and his wife have recently welcomed a baby boy into the family. Taylor likes movies, cars, and motorcycles. When not practicing law, you can find him enjoying all that San Diego has to offer.

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