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Comment by jaf12duke | Hacker News Reader

my experience has been that the very best developers often prefer this.

I've had a few top-notch developer friends request recently that a startup allow them to work as 1099 contractors for a month first. They see their time as by far their most valuable asset and they want to learn more about a startup before committing.

In reality, with work-for-hire employee contracts, anyone can leave and anyone can fire for whatever reason. And that's what Paul English does. Contract-to-hire just takes all the expectations and paperwork and emotions out of it.

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I would add that it also takes out all of the benefits, which employers never mention. No benefits, no unemployment payments. Having hired many people over the years, I always get a kick out of this argument that they are the same. They aren't the same at all! Much easier and cheaper to hire contract employees. Much harder to get good employees. I don't hire contractors unless it really is a short term job. Contract work isn't for finding your long term employee partners. Contract work is for one-time or short term work. If I need a long term employee, I look for a long term employee and I don't pretend that I'm trying people out by using the guise of contract-to-perm.

I agree, using short term contract work to identify good long term employees sounds contradictory.

Actually you can't fire for any reason, but for a lot reasons. For example, you generally can't fire someone due to gender, or race, or testifying in court for the public good, etc...

I'd only take a 1099 if I was getting full benefits and equity, or paid accordingly. Although as a contractor on a one month contract I'd probably still consider my side project looking for a job. Whereas as an employee I will be a lot more vested in the company.

In practical terms, you can fire someone for any reason, just so long as you list an acceptable reason on the paperwork. The power of an employer to fire you at any time is definitely not equal to the average employee having the power to leave at any time, and that's part of why 'employment at will' is a crock.

In practical terms, you can fire someone for any reason, just so long as you list an acceptable reason on the paperwork.

Very true. In practice the law is about what you can prove, not what happened.

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