Originally Posted by GatorB

Except the person hired to do the work is not an employee of the person hiring. If that's the logic he wants to use then did he pay FICA taxes to the government on behalf of his "hire" like other employers? Of course not. Ok then so he is in violation of tax code if he's an employee. It's pretty simple. A person is either your employee or they aren't. And if they arne't then you have no rights to anything they create unless stated otherwise in a contract.