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?
Florida Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner The Florida Independent Contractor Agreement between a licensed counselor and therapist practicing as a solo practitioner is a legal contract that outlines the relationship between the two parties. It sets forth the terms and conditions for the provision of counseling and therapy services, ensuring clarity, professionalism, and compliance with applicable laws and regulations. This agreement serves as a safeguard for both parties involved, clearly delineating the rights, responsibilities, and obligations of the licensed counselor and therapist and the solo practitioner. It covers essential aspects such as scope of work, compensation, confidentiality, liability, termination, and more. Different types of Florida Independent Contractor Agreements can be distinguished based on specific parameters. Here are a few common categories: 1. General Independent Contractor Agreement: This covers the standard arrangement between a licensed counselor and therapist and a solo practitioner, encompassing a broad range of counseling and therapy services. It is applicable to professionals practicing in various fields, such as marriage and family therapy, mental health counseling, substance abuse counseling, etc. 2. Specialized Independent Contractor Agreement: This type of agreement caters to specific areas of counseling and therapy where additional expertise, certifications, or qualifications may be required. Examples may include agreements for counselors specializing in trauma counseling, child counseling, geriatric counseling, or other specialized fields. 3. Term-based Independent Contractor Agreement: This agreement is structured for a defined period, typically ranging from a few months to a couple of years. It is suitable when a licensed counselor and therapist wishes to provide services as a solo practitioner for an agreed-upon term, after which both parties may reassess the working arrangement. 4. Per diem Independent Contractor Agreement: This type of agreement allows licensed counselors and therapists to offer their services on a per diem or as-needed basis. Solo practitioners often seek such arrangements to fill gaps in their schedule or accommodate temporary workload fluctuations. Regardless of the specific type, a well-drafted Florida Independent Contractor Agreement is essential to protect the interests of both the licensed counselor and therapist and the solo practitioner. It helps establish clear professional boundaries, ensures compliance with legal and ethical standards, and fosters a transparent and mutually beneficial working relationship. It is highly recommended consulting with legal professionals specializing in healthcare law to ensure the agreement reflects the unique needs and requirements of both parties involved.
