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?
A Missouri Independent Contractor Agreement between a licensed counselor and therapist and a licensed counselor and therapist practicing as a solo practitioner is a legally binding document that establishes the terms and conditions of their professional relationship. It is designed to protect the rights and responsibilities of both parties involved and ensure clarity on matters such as payment, scope of work, confidentiality, and termination of the agreement. Keywords: Missouri independent contractor agreement, licensed counselor, therapist, solo practitioner, legal document, professional relationship, payment, scope of work, confidentiality, termination. There might be variations or specific types of Missouri Independent Contractor Agreements based on several factors such as the nature of the counseling practice, the duration of the agreement, or specific provisions chosen by the parties involved. Some potential types of Missouri Independent Contractor Agreements between licensed counselors and therapists practicing as solo practitioners include: 1. Limited Term Independent Contractor Agreement: This type of agreement has a predetermined end date, after which both parties reassess the agreement's terms and decide whether to renew or modify it. 2. Exclusive Independent Contractor Agreement: This agreement establishes that the counselor and therapist will exclusively work with the solo practitioner and not engage in any similar contractual relationships with other practitioners during the agreement's term. 3. Clinical Supervision Independent Contractor Agreement: This agreement is specific to a situation where one licensed counselor and therapist acts as a supervisor to another, providing guidance and oversight. It may include additional provisions related to supervision hours, responsibilities, and accountability. 4. Remote Independent Contractor Agreement: This type of agreement is tailored for virtual counseling practices or therapists who provide remote counseling services. It might have additional provisions addressing technological requirements, cybersecurity, and the use of telehealth platforms. 5. Non-compete Independent Contractor Agreement: This agreement restricts the solo practitioner from engaging in similar services within a specific geographic area for a set period after the agreement's termination. This provision offers protection to the contractor by preventing competition within a defined market. It is essential for both parties to carefully review and customize the Missouri Independent Contractor Agreement to meet their specific needs and comply with state laws and regulations. Seeking legal advice from a qualified attorney can ensure that the agreement accurately reflects the counselor and therapist's intentions while protecting their rights and interests.
