Employee Vs. Contractor

If a determination as to whether an individual is to be hired through Procurement and Contract Services as an independent contractor or through Human Resources as an employee (full-time or part-time clerical/support employee, administrative professional, full-time or adjunct faculty, or temporary worker), the decision will be made conjointly between Human Resources and Procurement and Contract Services based on the below definitions:

  1. Personal, Professional, Consultant Services. Personal, Professional, Consultant services shall be defined as follows: An individual, partnership, corporation or any other legally established organization performing personal or professional services for the University of Memphis, over whom the University of Memphis has the right of control as to the result to be accomplished but not as to the details and means by which that result is to be accomplished. An individual, partnership, corporation or any other legally established organization performing consulting services for (detail report ONLY) or providing consulting ADVICE to the University of Memphis, over whom the University of Memphis has the right of control as to the result to be accomplished but not as to the details and means by which that result is to be accomplished. Services which fall within this definition shall be procured through Procurement and Contract Services in accordance with University of Memphis guidelines.
  2. Employee Services. Employee services shall be defined as follows: An individual performing services directly for the University of Memphis, over whom the University of Memphis has the right of control not only as to the result to be accomplished by the work but also as to the details and means by which that work is to be accomplished. Services which fall within this definition shall be procured in accordance with State personnel policies and procedures through Human Resources.
  3. Private Employee Agency Services. Private Employee Agency Services shall be defined as follows: An individual performing a service indirectly for the University of Memphis, whose services are obtained through a private employment agency. The employee-employer relationship exists between the private employment agency and its employee. The University of Memphis will contract with the private employment agency for the services of its employees. Services which fall within this definition shall be procured through Procurement and Contract Services in accordance with University of Memphis guidelines.