Hiring Your First Employee vs. Your First Contractor

The short answer: hire a contractor for defined, project-based work where the person controls how and when they work. Hire an employee for ongoing, core work you direct on your schedule. The difference is mostly about control, and it has real legal and tax consequences, so confirm the classification with an accountant or employment attorney. This is general information, not legal advice.
Bringing on your first person is a major milestone, and it's often rushed. Choosing between employee and contractor isn't just preference.
Key takeaways
- Control over how, when, and where work happens drives classification.
- Contractors fit defined, variable, project-based work.
- Employees fit ongoing, core work you direct.
- Lower upfront cost can hide classification risk.
- Rules vary by location. Get professional advice.
What's the difference between an employee and a contractor?
Mostly control. A contractor typically sets their own hours, uses their own tools, decides how to do the work, and often has other clients. An employee works under your direction, on your schedule, with your resources. Labeling an employee as a contractor to avoid payroll taxes is a common and costly mistake.
Contractor
- Sets their own hours
- Uses their own tools
- Decides how the work gets done
- Often has other clients
Employee
- Works on your schedule
- Uses your resources
- Works under your direction
- Does recurring, core work
When should a designer hire a contractor?
For a specific project, a discrete build, overflow work, or a skill you don't have in-house. Contractors give flexibility without ongoing payroll, benefits, and employment taxes, which suits businesses whose workload still varies month to month.
When should a designer hire an employee?
When someone will do recurring, central work under your supervision on a consistent schedule. If you're building a real team and a consistent process, an employee relationship, even part-time, is often the more honest and sustainable structure.
Is a contractor always cheaper?
On paper, often. But that ignores classification risk, less control over the work, and the time you spend managing handoffs. Price the relationship based on what it actually is, not what's administratively convenient. For the broader math of what your business can afford, branded by's profitability equation is a useful framework.
Do you need professional advice before hiring?
Yes. Classification rules vary by state and country and carry real legal exposure. A short conversation with an accountant or employment attorney before the first hire is a small cost compared with getting it wrong.
Frequently asked questions
Can I convert a contractor to an employee later?
Yes. Many agencies start with a contractor relationship and move to employment once the work becomes steady and core.
What paperwork do I need for a contractor in the US?
Typically a written agreement and a W-9, with a 1099 filed at year end when required. Confirm with your accountant.
Should my first hire be part-time?
Often, yes. Part-time lowers risk while you learn how to manage and delegate.
Where to go from here
Team-building decisions are covered inside Brand University. Pair this with Subcontractors vs. Employees: What Actually Scales and Building a Team Culture Before You Have a Team, then join Brand University on Skool.
About the author
Evan Barnes is the founder of Brand University and of branded by, a brand-first growth agency based in Greenville, South Carolina. He built Brand University to teach designers the business side of design, from positioning and pricing to running client work, and more than 1,200 designers now learn inside the Brand University community on Skool.


