How to Hire Your First Virtual Assistant

Understanding how to hire a virtual assistant is more than just finding the right talent; it’s about navigating the legal landscape to ensure a compliant and efficient working relationship. In...

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How to Hire Your First Virtual Assistant

Understanding how to hire a virtual assistant is more than just finding the right talent; it’s about navigating the legal landscape to ensure a compliant and efficient working relationship. In...

Image of an iPad showing the legal guide.

FREE ONLINE Business Legal GUIDE

Get a quick crash course in the laws that affect your business and other ways you can protect yourself from legal headaches.

Understanding how to hire a virtual assistant is more than just finding the right talent; it’s about navigating the legal landscape to ensure a compliant and efficient working relationship.

In this digital age, virtual assistants have become integral to business growth, offering remote support across various tasks. However, this process involves critical legal decisions, from classifying a VA as an independent contractor or an employee to drafting the necessary legal agreements.

At Plainly Legal™, we simplify these complexities for you. This post focuses on the key legal things you need to know when it comes to hiring a virtual assistant and ensuring your business is protected. 

Whether it’s understanding contractual agreements or adhering to employment laws, we provide the clarity and tools you need. Let’s dive in!

What We'll Cover...

Deciding Between an Employee and an Independent Contractor

Woman sitting with laptop open in front of her, looking to the side with her hand on her chin with pensive expression on her face thinking about how to hire a virtual assistant.

So, you’re ready to hire a virtual assistant – that’s fantastic! But first, let’s figure out if they’ll fit better as an employee or an independent contractor. This isn’t just about paperwork; it’s about choosing the right partnership that works best for both of you.

And there are some legal rules. 

Generally speaking, this comes down to how much control you will have over the virtual assistant. 

If you want more control, you’ll have to hire the virtual assistant as an employee. When you hire someone as an employee, they’ll be more involved in your day-to-day operations, and you’ll have a bit more say in how things get done.

While there aren’t always clear lines, if you intend to control things like how the virtual assistant does the work or mandate the hours that they work (or even require them to attend regular staff meetings), you will need to hire them as an employee. 

 Just remember, this path comes with a few extra to-dos like managing tax withholdings and ensuring labor standards are met.

Now, if you’re okay with having less control, you can hire the virtual assistant as an independent contractor. Independent contractors are like the freelance superheroes of your business world, swooping in with their expertise when you need them. 

As an old rule of thumb, independent contractors (whether virtual assistants or in other roles) get to control when and how they do the work. They agree to deliverables, not the details. 

You’ll work out a contract that suits both your needs, but it’s a bit more hands-off in terms of time management.

Legal Stuff for an Independent Contractor Virtual Assistant

Clipboard with pen, has document on it that reads "Independent Contractor". Topic: how to hire a virtual assistant

Hiring a virtual assistant as an independent contractor is a great way to grow your team without all the formalities of a full-time employee. Here’s the scoop on getting the legal stuff sorted.

First up, the star of the show: the Virtual Assistant Agreement

Think of this as the rulebook for your working relationship. It’s where you lay down the law (in a friendly way, of course) about what work needs to be done, when you want it, and how you’ll handle payments. 

Clear as crystal, right?

In this agreement, you’ll want to include things like deadlines, payment schedules, and confidentiality terms.

It’s all about setting expectations from the get-go to avoid any hiccups down the line. No one likes surprises when it comes to work and money!

At Plainly Legal™, our users have access to our Virtual Assistant Agreement in our Legal Doc Generator, a specialized independent contractor agreement designed specifically for hiring a virtual assistant!

Our VA Agreement includes all the essential legal clauses to make sure you’re checking all the important legal boxes and protecting your intellectual property.

Click here to start your Plainly Legal™ subscription and get access to the Legal Doc Generator today!!

But what if you really want more control over how your team functions?

You might want to hire your virtual assistant as an employee instead.

Hiring a VA as an Employee: What You Need to Know

Woman at her desk with laptop open with headset with mic on her head. Appears to be speaking into the microphone on a meeting about how to hire a virtual assistant.

Thinking of bringing a virtual assistant on board as an employee? Sweet! It’s a bit more involved than hiring a contractor, but don’t worry. It’s not as daunting as it sounds.

When you hire a virtual assistant as an employee, you’re looking at a closer relationship. They’re more integrated into your team, and you’ll have a say in the hows and whens of their work. 

But remember, with great power comes great responsibility! You’ll need to take care of things like employment taxes, benefits, and making sure everything’s up to snuff with labor laws.

Now, let’s talk paperwork. 

You’ll need a few key documents: an Employee Offer Letter to kick things off, an Intellectual Property Transfer Agreement (because who owns what needs to be crystal clear), and a Confidentiality Agreement to keep your secret sauce, well, secret.

It might sound like a lot, but here’s the good news: Plainly Legal™ has ALL of these documents available for our users. 

Our Legal Doc Generator makes it a breeze to create all the documents you need with just a few clicks and some customization. 

And the best part? They’re all created with lawyer-drafted clauses so you KNOW they’re covering the important things that need to be addressed.

Click here to start your subscription and use Plainly Legal™ to make hiring your next worker a cinch!

Who Owns The Work Your Workers Create?

Four wooden blocks stacked vertical. Each has an image on the block: 2 head figures, lightbulb, gears, and bullseye. Topic: how to hire a virtual assistant

Whether you’re hiring a VA as an employee or an independent contractor, you need to establish who owns what when it comes to their work.

And as we mentioned before, this should be established directly in the agreements you draw up between you and your worker before the work starts.

It’s all about having clear terms that say, “Hey, the awesome work you do for us? That stays with us.” 

This is especially crucial if they’re whipping up creative content, coding a website, or doing anything that’s potentially intellectual property gold.

Why’s this a big deal? 

Imagine your VA creates something amazing for your business and then leaves the business thinking that the creative works they did for you belong to them.

See the picture?

Having everything laid out in black and white from the start saves you from these headaches and potential legal headaches in the future.

That’s why all of our worker documents in our Legal Doc Generator include all the nifty clauses to make sure the work your VA does for you is legally yours. So, you can relax and let your VA’s creativity flow, knowing your business is protected.

Conclusion

And there you have it — your crash course in how to hire a virtual assistant, with all the legal trimmings! Whether you decide on an employee or an independent contractor, you’re now equipped with the know-how to make this exciting journey smooth and legally sound.

Remember, hiring a VA is more than just expanding your team; it’s about building a relationship based on clear, legally sound agreements. 

This not only protects your business but also sets up your VA for success. And when it comes to those sometimes-tricky legal bits, you’re not alone. Plainly Legal™ is here to take the guesswork out of the equation.

Click here to start your subscription and take advantage of our Legal Doc Generator to whip up everything you need for our online business, from rock-solid hiring agreements to product terms & conditions and more!

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