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Outsourcing online work from another country.

Discussion in 'Independent Contractors & Consultants' started by cayneb9981, May 14, 2020.

  1. cayneb9981

    cayneb9981 Law Topic Starter New Member

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    Jurisdiction:
    Texas
    Is it legal to do this: Apply for an online job in the US, then give someone outside of the country a portion of the money earned to do most or all of the job for me. The company itself only hires US only workers, but if I apply for the job, withought falsifying any of my information and simply pay someone outside of the country to do the work is it legal. Because the company hired me, then I am hiring someone to do the job.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    It depends on the contract you signed with the employer. It certainly isn't criminally illegal.

    If the employer finds out they could simply not pay you and you would still be on the hook to your subcontractor.
     
  3. cayneb9981

    cayneb9981 Law Topic Starter New Member

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    I wouldn't have any written contract between me and the subcontractor, is this still ok legally?

    What if I give the subcontractor access to my profile and let the person apply to the jobs they are fit for and the profile represents their skills, not mine, what if I represent the subcontractor in interviews or acted like I was the subcontractor and had his skillset, would that still be illegal? Because the skills presented on profile and interview would be the ones they get, just not the exact person they hired. Could I get in trouble legally for something like this?
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    Actually, it might amount to fraud. In applying for the job cayneb (I'm assuming it's as an employee and not independent contractor) is representing to the employer that he will be the one doing the work. cayneb knows the company is evaluating his suitability for the job, not some unknown person overseas. So in making that implied representation that he will do the work and the company relying upon that there could well be a basis for fraud.

    If cayneb is an independent contractor then it's a different story since, unless the contract specifically states that the work must be personally done by cayneb, the only thing that would matter is whether the job got done, and he could hire others to do it if he wants.
     
  5. army judge

    army judge Super Moderator

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    Clever, smart, diabolically devine for you.
    However, your "mark" will eventually rue the day meeting you.

    The person you subcontract to do your work for you, Tom Sawyer, will be performing the work on another continent.

    He/she could do an excellent job, complete the work on time, you'll get paid, and you could stiff her/him by GHOSTING.

    He/she/it would have to sue you in your state in the USA.

    He/she/it wouldn't be able to collect a dime from India, China, Germany, Libya, Ukraine, even Mars.

    Unless the employer discovers your little scheme, Tom Sawyer, firing you summarily.
     
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I assumed he was talking about being a contractor.
     
  7. Tax Counsel

    Tax Counsel Well-Known Member

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    I thought that may be the case from what you wrote, but the OP only said that he or she was applying for an "online job" which could be either employee or contractor. We just don't have the info yet to know.
     
  8. Zigner

    Zigner Well-Known Member

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    Wouldn't it be a kick in the seat if this "online job" turned out to be bogus?
     
    army judge and justblue like this.
  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    It is the contract between you and the employer that would be problematic.

    And if a true W2 employee you will be completing state and federal documents that would have the effect of you allowing the use of your ID for another to work illegally. So yes, I think there is the possibility of criminal charges.
     
    eerelations likes this.

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