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?
Connecticut Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner Keywords: Connecticut, independent contractor agreement, licensed counselor, licensed therapist, solo practitioner Description: A Connecticut Independent Contractor Agreement is a legal document that establishes the working relationship between a licensed counselor and therapist who operate independently and practice as solo practitioners. This agreement outlines the terms and conditions under which the independent contractor will provide counseling and therapy services to clients. There are different types of Connecticut Independent Contractor Agreements between licensed counselors and therapists practicing as solo practitioners, including: 1. General Independent Contractor Agreement: This agreement sets out the basic terms and obligations between the licensed counselor and therapist practicing as a solo practitioner. It covers essential elements such as the scope of services, compensation structure, working hours, confidentiality, and termination conditions. 2. Non-Compete Independent Contractor Agreement: This type of agreement includes additional clauses that restrict the independent contractor from competing with the solo practitioner in the same geographical area or within a specified time frame. It prevents the independent contractor from soliciting or servicing clients of the solo practitioner independently. 3. Part-Time Independent Contractor Agreement: This agreement applies when the licensed counselor and therapist practice part-time as independent contractors for the solo practitioner. It defines the specific working schedule, compensations, and responsibilities of the part-time independent contractor. 4. Full-Time Independent Contractor Agreement: This agreement is suitable for licensed counselors and therapists devoting their full-time practice as independent contractors for the solo practitioner. It outlines the expectations, duties, benefits, and compensation structure for the full-time independent contractor. In all these agreements, it is essential to address crucial aspects, including: a) Scope of Services: Clearly define the counseling services or therapy techniques the independent contractor will provide to clients. b) Compensation: Establish a fair compensation structure, whether it is an hourly rate, percentage fee, or a combination of both. Include details about payment terms, billing procedures, and any expenses the independent contractor may incur. c) Confidentiality: Emphasize the requirement for the independent contractor to maintain strict confidentiality of client information and adhere to all applicable laws and regulations regarding client privacy. d) Termination: Specify the conditions under which either party can terminate the independent contractor agreement, including notice periods and potential penalties. e) Non-Disclosure: Depending on the circumstances, a non-disclosure agreement may be included to protect sensitive information shared between the parties. It is crucial for both the licensed counselor and therapist practicing as a solo practitioner and the independent contractor to carefully review and negotiate the terms of the agreement before signing. Consulting with legal professionals experienced in Connecticut laws and regulations can help ensure compliance and protect the rights and interests of all parties involved.
