I-9s for Unpaid workers?

Caroliso · January 2007

I did a quick search and didn't see the answer to this question, perhaps someone here knows.

We have a high level volunteer here for 6 months. He is a retiring university professor who will be here six months or so, one day a week. He is unpaid, and is on sabattical from his university.

I am developing a letter that outlines the terms under which he will be here, and found myself wondering if he should be required to fill out an I-9. Does anyone know?

Thanks.

hjones · February 2007

So long as he's truly a volunteer, no I-9 form is required. But if he can be considered an employee by receipt of any form of consideration/remuneration -- honoraria, stipends, etc., then he should fill out an I-9.

Holly Jones
Attorney Editor
M. Lee Smith Publishers, LLC

Brad Forrister · February 2007

I-9s are required only for individuals who perform services in return for wages or other
reimbursement. They aren't required of volunteers. But if you've ever paid the person anything, you might be required to get an I-9.

I've seen at least one case where the fact that the company had someone fill out an I-9 and W-4, etc., was used as evidence that the person was an employee for workers' comp purposes.

Brad Forrister
VP/Content
M. Lee Smith Publishers

Caroliso · February 2007

Yikes!

Well, you guys have answered my question and then some. Thanks very much.

Carol

Caroliso · February 2007

I wonder about property rights agreement. Does any know or have an informed opinion about whether asking a volunteer to sign that might imply employment for workers comp or other purposes?

I-9s for Unpaid workers?

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