5 Responses

1. Max M

   February 9th, 2010 at 11:16 am

   1

   It all depends on the nature of the services. You might want to check with the Securities Exchange Commission (SEC) or the IRS.

2. T E

   February 9th, 2010 at 1:09 pm

   2

   stock options is generally given to employees and shareholders only, and not to outsiders for services performed
   whether it be an independent contractor or employee is a questsion of fact which depends on many factors. The fact that the services was perofmred at the company premise does not indicate either, as both of them may be done there. These factors per court decisions:
   1) direction. does the person needs direction how the job is done? a contractor does not while an employee does. The co generally tells the contractor the job, and let the contractor to finish it with its experiences.
   2) use of tools. a contractor is expected to provide the tools to finish the job, while an employee is given the tools.
   3) time of work. a contractor generally can come and go as he pleases, while an employee has fixed daily and weekly hrs.

3. Benjamin

   February 9th, 2010 at 2:50 pm

   3

   In reality it depends on neither of those exactly. What the courts will look at is where one party has received some FORM of CONSIDERATION in return for goods or services provided.
   Thus receiving stock options would be considered to be a valid form of consideration as it has measurable value. Note the amount of consideration does not matter, i.e. £1 received for a weeks work under contract is valid consideration if both parties agreed to the terms.
   Courts will then examine the points given by the above answer to establish whether the contract is a contract of employment.

4. the tax lady

   February 9th, 2010 at 4:52 pm

   4

   Nature of the services.

5. Jasmine

   February 9th, 2010 at 9:20 pm

   5

   Hi there..
   i agree with Benjamin.. nice answer..
   For more information just look around at this site :
   http://www.employmentsecret.com