How do I hire and work with Rent-A-Coder or international service providers?

Many companies use freelancing firms like Rent-A-Coder that provide a platform to retain short-term freelance programmers and web designers. For many companies, freelance programmers are not an integral part of the business and are retained on a one-time project basis that is distinct from a company’s principal business. Therefore, they are often retained as independent contractors.

That said, there is no guarantee that a court or other administrative agency will find that an independent contractor relationship exists. Accordingly, you should consult with an employment or trade secrets attorney before entering into a consulting agreement with a Rent-A-Coder or similar freelancer.

 When working with international third-party service providers, it is important for the company to consult with international counsel for the jurisdiction in which the international worker resides and works. Employment laws vary greatly from one jurisdiction to the next, and local counsel will be needed to ensure that any contract between a company and an international employee or consultant will be enforceable in the applicable jurisdiction. Similarly, local counsel will be able to advise on how to determine whether a worker should be an employee or independent contractor and provide contractual language to protect any created intellectual property and shared trade secrets. You should check export control laws as well.

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