Can I Screen The Staff I acquired in commercial purchase

Question

Hey,so I just acquired my first boutique hotel. Its a 14 door lodge in the CO Rockies. Its a full turn around project and we've been seeing some great traction.I have a question that I can't seem to get answered online.We inherited a property manager who lives in one of the 14 rooms. They are required to work 2-3 hours 5 days a week, and handle phones 10am - 8pm those same 5 days.There has been talk about her using dr*gs and I was wondering if it is legal to do a dr*g test on a 1099 worker.She doesn't get paid, she lives there for free to look over the property as it was in the contract -- which is like an $1800 exchange.Can someone help me out with this? thanks.

G. Brian Davis · Answer

I'd first check what your state and local laws allow before doing anything. Employment rules around 1099 contractors can get complicated, especially when housing is part of the arrangement. If you have legitimate concerns, it's probably worth talking with an employment attorney so you know you're handling it correctly.

Richard F. · Answer

You need to check local employment laws. Is there a written rental agreement, or employment agreement, or service contract that covers this individual? Or just a handshake? IMHO, evict asap per whatever applies, either Residential laws if there is a rental agreement, or simply terminate the contract/employment if it is a business deal. Sounds very sloppy, so do be careful.

In general, I have a very low opinion of "resident" managers living on premise. No matter the circumstances, they are human. As humans, they make friends with some residents, and enemies of others. They often steal from the property owner, in terms of supplies, performing work for others, for cash, using those supplies. Or, they steal by collecting the rent for you, and jacking up the rent without authority. Or rent spaces that are not even habitable. Ask me how I know this.