In Texas, there is no prohibition against binding an independent contractor to a noncompete agreement. We discuss 10 key independent contractor rights that you have.Right to a contract. Use the Independent Contractor or Employee Form for payments to independent contractors unless they meet one of the following categories. Misclassification occurs when an employer treats a worker who is an employee under the FLSA as an independent contractor. As a general definition, an independent contractor is someone who performs work for a company but is not an employee of the company. An independent contractor agreement is a contract between a freelancer and a client outlining work specifics. Employment attorney Dan A. Atkerson can help workers dealing with disputes regarding unpaid wages and independent contractors. An Employee may be required to submit regular oral or written reports about the work in progress. Misclassification often occurs when a Texas employer classifies an employee as an independent contractor as opposed to an employee.