Business Basics

How to Hire Your First Employee as a Contractor

W-2 vs 1099 decision, writing a job description, background checks, onboarding, and payroll setup — everything you need for your first hire.

F
Fieldbase Team
December 4, 202511 min read

The Decision to Hire

The moment a solo contractor consistently has more work than they can handle is the moment hiring becomes worth the complexity. But the transition from solo operator to employer is more significant than most expect — you're not just adding labor, you're taking on legal obligations, HR responsibilities, and a new layer of management on top of doing the actual work.

The key decision: W-2 employee or 1099 subcontractor? Getting this wrong has serious tax and legal consequences.

W-2 Employee vs. 1099 Subcontractor: The Real Difference

W-2 Employee
1099 Subcontractor
You control when, where, and how they work
They control their own schedule and methods
You withhold income taxes and pay payroll taxes
They pay their own taxes — you file a 1099
You provide tools and equipment
They supply their own tools
They work exclusively or primarily for you
They work for multiple clients
Workers' comp required in most states
No workers' comp required (they carry their own)
Employee benefits may apply
No benefits required

The IRS uses a behavioral control test — if you control how the work is done, when it's done, and what tools are used, that person is likely an employee regardless of what your contract says. Misclassifying employees as 1099 contractors can result in back payroll taxes, penalties, and interest.

The Hiring Process

1. Write a Clear Job Description

The job description should specify: service types they'll perform, required certifications, geographic area, tools required vs. provided, compensation structure, and schedule expectations. Clarity upfront prevents misaligned expectations.

2. Background and Reference Checks

Essential for anyone entering customer homes. Run a standard background check through a service like Checkr ($30–$50 per check). Call at least two references. For trades requiring a license, verify the license number with your state licensing board.

3. Onboarding and Standards Setting

Your first employee will do the job the way you show them, not the way you imagine they'll figure it out. Spend time on-site with them for the first week. Document your standards for customer interaction, uniform/appearance, job site protocols, and invoice/job documentation.

4. Tax Setup

Before the first paycheck, you need: an EIN from the IRS (free), a state withholding account, unemployment insurance registration, and workers' compensation policy. A payroll service (Gusto, QuickBooks Payroll, ADP) handles the withholding mechanics and filings automatically.

Fieldbase lets you assign jobs to multiple technicians and track their output — critical once you have even one person in the field who isn't you.

Key Takeaways

  • If you control how, when, and where someone works — they're likely a W-2 employee, not 1099
  • Misclassifying employees as contractors creates significant IRS and state tax liability
  • Background checks are essential for anyone entering customer homes — non-negotiable
  • Spend the first week on-site with your new hire — your standards only transfer through demonstration
  • Use a payroll service to handle withholding, deposits, and filings — this is not DIY territory

Ready to save 5+ hours a week on admin?

Join thousands of contractors who use Fieldbase to schedule jobs, track work, and get paid faster.

Browse All Articles