This example illustrates potential problems with using volunteers as replacements for employees. What other risks are involved? Some of the issues are reviewed at Discussion.
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This example illustrates potential problems with using volunteers as replacements for employees. What other risks are involved? Some of the issues are reviewed at Discussion. |
Example
Jim: I think we've got the tax thing under control now, and the Wage and Hour people have agreed to our settlement offer.
Barbara: But with those installment payments to the IRS and Wage and Hour people, we're going to have to cut staffing back still more.
Jim: I know, but it's that or each of us would get to write personal checks.
Barbara: I've been talking to the staff. They really care about the programs, you know. They've all told me that they'd be willing to work at the same jobs they hold now, but as volunteers, just to keep the programs going.
Jim: They really offered to do that?
Barbara: Like I told you, they really care. We'd get to have their expertise, and it wouldn't cost us anything.
Jim: But some of the staff have Master's Degrees. They could get a job anywhere they wanted.
Barbara: They say they are willing to keep on doing the same job for free.
Nonprofits often face difficult decisions regarding staffing of programs in the face of irregular or declining budgets. It's tempting for the nonprofit to use volunteers to staff positions which were held by paid employees, or, more dangerous still, to have volunteers work side by side with paid employees, performing the same tasks. The problem with those efforts is that the law may well treat the "volunteers" as employees, meaning you are required to pay them wages and provide worker's compensation insurance, withhold taxes and pay FICA, FUTA and ESC.
There is no legally enforceable way to make former employees like those in this example agree in advance to serve as volunteers; if the former employees/"volunteers" later become unhappy with the nonprofit, they can sue for wages. It's very unlikely that you can enforce even a written agreement to the contrary.
It can be difficult to distinguish volunteers from employees in some situations, and the rules vary depending upon the purpose for which you are testing. But former employees working at their old job as "volunteers" is often treated as very strong evidence.
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