Working for a US startup from Europe

[zinas]

I just agreed to start working for a US startup, but I live in Europe.

The startup is still small and I am the first hire out of the USA.

We trust each other and want to do this in a clear way, so neither of us has problems with the country we live in ( I am in Netherlands ).

So, I would like to hear some suggestions on what the employement status should be and if there are any contract templates, I would love to see them.

Am I an employee or a contractor? How is that defined in the US law?

(We agreed that I will work full-time for the company, and we don't have a set length for the contract)

I am asking here, because I guess more people have similar work-relationships and would like to know

[farawayea]

You are about to become a contractor with the same contract as an employee. You'll make less than everyone else on your team and your contract will put on your shoulders the same responsibility as it would on an employee.

[lacion]

i think law wise and culturally wise you will be seen as a contractor

[zinas]

Thank you for your answer. What about the official contract? Should I be mentioned as an employee in there, or as a contractor? What is better in order to get as little hassle as possible from the state?

[lacion]

I am in similar position as you, my contract treats me as an employee and i have all the same benefits as the employees in the us, but i seem internal documentation in the company mentions me as a contractor.