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?
An Idaho Independent Contractor Agreement between a licensed counselor and therapist and a licensed counselor and therapist practicing as a solo practitioner establishes a legal framework for their professional relationship. This agreement outlines the rights, obligations, and responsibilities of both parties involved. It ensures that both the independent contractor and the solo practitioner adhere to state laws and ethical guidelines while providing counseling and therapy services. In Idaho, there are various types of Independent Contractor Agreements between licensed counselors and therapists and solo practitioners. These may include: 1. General Idaho Independent Contractor Agreement: This agreement outlines the standard terms and conditions that govern the professional relationship between a licensed counselor and therapist and a solo practitioner. It covers aspects such as scope of services, compensation, non-disclosure agreements, termination clauses, and dispute resolution procedures. 2. Exclusive Service Agreement: This type of Idaho Independent Contractor Agreement emphasizes that the licensed counselor and therapist will exclusively provide their services to the solo practitioner and no other competing individual or organization. This ensures loyalty and dedication to the solo practitioner's practice. 3. Limited Scope Independent Contractor Agreement: A limited scope agreement specifies the narrow scope of services the licensed counselor and therapist will provide to the solo practitioner. This type of agreement is useful when the solo practitioner requires assistance with specific tasks or projects, rather than a broader counseling or therapy practice. 4. Joint Marketing Agreement: This unique type of Idaho Independent Contractor Agreement allows the licensed counselor and therapist to jointly market their services with the solo practitioner. They agree to share the costs and benefits of marketing efforts, creating a mutually beneficial relationship that maximizes visibility and attracts clients. The Idaho Independent Contractor Agreement typically includes important provisions such as confidentiality and non-disclosure, scope of services, compensation structure, tax obligations, insurance requirements, termination rights for both parties, dispute resolution methods, and applicable governing law. It is crucial for both the licensed counselor and therapist, as well as the solo practitioner, to carefully review and negotiate the terms of the Independent Contractor Agreement to ensure their professional and legal interests are protected. Consulting with an attorney familiar with Idaho state laws and regulations is advisable to ensure compliance and to customize the agreement to meet specific requirements and circumstances.
