An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Restrictions to prevent competition by a present or former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
Suffolk, New York is a vibrant county located on Long Island, renowned for its picturesque landscapes, vibrant communities, and economic opportunities. Within Suffolk County, there are several types of Self-Employed Independent Contractor Agreements with Sales Representatives, each tailored to meet specific business requirements. 1. Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative — General: This agreement outlines the terms and conditions between a business entity (the principal) and an independent sales representative. The contract establishes the working relationship, detailing the representative's responsibilities, compensation terms, confidentiality clauses, and dispute resolution procedures. 2. Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative — Exclusive: This type of agreement establishes an exclusive relationship between the independent sales representative and the principal. It ensures that the representative will exclusively promote, market, and sell the principal's products or services within a specific territory or market segment. The agreement typically includes clauses regarding non-competition and non-solicitation to protect the principal's interests. 3. Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative — Non-Exclusive: In contrast to the exclusive agreement, the non-exclusive agreement allows the independent sales representative to work with multiple principals simultaneously. This type of agreement suits representatives who may operate in diverse industries or have established relationships with multiple businesses. The contract outlines the representative's responsibilities, commission structure, and sales targets, while also providing clarity on territories served and products represented. 4. Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative — Commission-Only: This agreement is often used when the independent sales representative is purely compensated based on commission. The contract defines the commission structure, payment terms, sales quotas, and any additional conditions governing the representative's sales activities. When entering into a Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative, it is crucial to consider the specific needs of both the principal and the representative. These agreements, whether general, exclusive, non-exclusive, or commission-only, help establish clear expectations and protect the interests of both parties involved.Suffolk, New York is a vibrant county located on Long Island, renowned for its picturesque landscapes, vibrant communities, and economic opportunities. Within Suffolk County, there are several types of Self-Employed Independent Contractor Agreements with Sales Representatives, each tailored to meet specific business requirements. 1. Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative — General: This agreement outlines the terms and conditions between a business entity (the principal) and an independent sales representative. The contract establishes the working relationship, detailing the representative's responsibilities, compensation terms, confidentiality clauses, and dispute resolution procedures. 2. Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative — Exclusive: This type of agreement establishes an exclusive relationship between the independent sales representative and the principal. It ensures that the representative will exclusively promote, market, and sell the principal's products or services within a specific territory or market segment. The agreement typically includes clauses regarding non-competition and non-solicitation to protect the principal's interests. 3. Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative — Non-Exclusive: In contrast to the exclusive agreement, the non-exclusive agreement allows the independent sales representative to work with multiple principals simultaneously. This type of agreement suits representatives who may operate in diverse industries or have established relationships with multiple businesses. The contract outlines the representative's responsibilities, commission structure, and sales targets, while also providing clarity on territories served and products represented. 4. Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative — Commission-Only: This agreement is often used when the independent sales representative is purely compensated based on commission. The contract defines the commission structure, payment terms, sales quotas, and any additional conditions governing the representative's sales activities. When entering into a Suffolk New York Self-Employed Independent Contractor Agreement with Sales Representative, it is crucial to consider the specific needs of both the principal and the representative. These agreements, whether general, exclusive, non-exclusive, or commission-only, help establish clear expectations and protect the interests of both parties involved.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
