PROCEDURE for DETERMINATION of INDEPENDENT CONTRACTOR or EMPLOYEE STATUS

As many of you in the Campus Community may know, we have been working on some process changes where the University is dealing with Independent Contractor issues. We realize this has been a difficult issue for everyone, but would like to assure the campus community that the changes being made are necessary and important to assist the University with bringing our policies and procedures into compliance with Federal and State regulations. After you review these procedures, should you have any questions, please feel free to contact Miguel Gabertan in the Payroll Office at (904) 620- 2715, or by email at mgaberta@unf.edu.

In this context we would like to provide the campus with some guidance and contact information to assist departments with handling these issues. Accordingly, the following is provided for your assistance when your departments anticipate hiring a person as an Independent Contractor:

  1. Procedures:

    1. When a requesting department has a need to have services provided and feels strongly that the person they wish to hire should be considered an Independent Contractor, they must complete the  Independent Contractor checklist  to help determine the employment status.
      1. When completing the Checklist, if the department answers Part # 1 with a YES, that the person is a current employee in the hiring department, the individual will be considered to be an employee and departments may not process as an Independent Contractor agreement. Departments will need to contact the Office of Human Resources to proceed with hiring the person as an employee.

    2. To expedite the review and determination process, once the checklist is completed, the department head should:
      1. Sign and date the checklist.
      2. Scan the checklist and an unsigned copy of the contract and forward by email to Miguel Gabertan in the Payroll Office or fax it to the Payroll Department at (904) 620-2452.
      3. An Unsigned copy of the contract must accompany the checklist and must include a complete description of the services being requested.
      4. Departments may attach any additional information or comments they feel may support their position to have an Independent Contractor Agreement issued. For example:
        1. It would be pertinent to know whether or not there were any intentions of ever hiring this person as an employee.
        2. If the services are similar in nature to services currently being performed by a current or prior employee.

    3. If the contract is viewed as being a true independent contractor, the Payroll Office will by email, contact the requesting department and copy the Purchasing Department to authorize the completion of the contract with the contractor.
      1. In situation involving Sponsored Research departments, Payroll will also notify ORSP so that they may provide any additional review or approvals necessary prior to forwarding to the Purchasing Department.
      2. Once the Purchasing Office has all the paperwork, they will turn the contract around within approximately 24 to 36 hours.

    4. If the contract is viewed as being an employment (employee) situation, the Payroll Office will by email, contact the requesting department and copy the Purchasing Department, ORSP, and the Office of Human Resources to alert them of the change in status.

    5. If after review by the Payroll Office, the contract is determined to be an employment (employee) situation, the requesting department will be instructed to contact the Office of Human Resources and required to submit a service agreement contract form that may be found on the OHR website at: http://www.unf.edu/hr/forms/Human_Resources_Forms.aspx. The individual must visit HR to process for payroll and complete a W-4, I-9 and other employment documentation. For more information, please contact the Office of Human Resources.

  2. Contacts:

    1. Payroll Department:
      1. Miguel Gabertan, Assistant Controller. You may reach Miguel at telephone number (904) 620-2715 or at mgaberta@unf.edu. If Miguel is not available, please forward to Valerie Stevenson.
      2. Valerie Stevenson, University Controller. You may reach Valerie at telephone number (904) 620-2989 or at vstevens@unf.edu.
    2. Purchasing Department:
      1. Tamatha Thomas, Senior Buyer. You may reach Tamatha at telephone number (904) 620-2272 or at tamatha.thomas@unf.edu
      2. Kathy Ritter, Director. You may reach Kathy at telephone number (904) 620-2733 or at k.ritter@unf.edu.
    3. The Office of Human Resources:s
      1. Teresa Sandrock, Associate Director. You may reach Teresa at telephone number (904) 620-2993 or at teresa.sandrock@unf.edu.
      2. Linda Walton, Associate Director. You may reach Linda at telephone number (904) 620-2942 or at lwalton@unf.edu.