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. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time?
" Does the worker make his or her services available to the general public?
Tarrant Texas Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner An independent contractor agreement is a legally binding document that outlines the working relationship between two parties, in this case, a licensed counselor and therapist. In Tarrant, Texas, this agreement is commonly used when licensed counselors and therapists choose to work independently as solo practitioners. Within this agreement, specific terms and conditions are established to ensure a clear understanding and protection of both parties involved. The agreement typically covers various aspects such as the scope of work, compensation, confidentiality, termination, and liability. The Tarrant Texas Independent Contractor Agreement for Licensed Counselor and Therapist Practicing as a Solo Practitioner is designed to cater to the unique needs and circumstances of counselors and therapists operating in their independent practice. There may be different types of such agreements, including: 1. Standard Independent Contractor Agreement: This is the general agreement that is used between a licensed counselor and therapist who operates as a solo practitioner. It outlines the basic terms and conditions applicable to the working relationship. 2. Non-Disclosure and Confidentiality Agreement: This type of agreement focuses on ensuring the privacy and confidentiality of client information and establishes the responsibilities of both parties in maintaining confidentiality. 3. Client Confidentiality Agreement: This agreement serves as an addendum to the independent contractor agreement, further emphasizing the importance of client confidentiality and outlining specific procedures to protect sensitive client information. 4. Termination Agreement: This agreement is used to outline the conditions and procedures for termination of the independent contractor relationship between the licensed counselor and therapist. It may include clauses related to notice periods, obligations post-termination, and any potential financial agreements. 5. Liability Agreement: This type of agreement helps safeguard both parties from potential liabilities that may arise during the course of their working relationship. It establishes the responsibilities and expectations of each party regarding professional malpractice insurance and handling any potential claims. It is essential to have a detailed independent contractor agreement to establish a clear understanding of the working relationship between the licensed counselor and therapist practicing as a solo practitioner. These agreements help ensure professionalism, accountability, and legal compliance, benefiting 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.
