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?
Mississippi Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner In Mississippi, licensed counselors and therapists have the option to establish a professional relationship through an independent contractor agreement. This legally binding document outlines the terms and conditions between the licensed counselor and therapist, who may choose to work independently or as a solo practitioner, allowing them to collaborate while maintaining their autonomy. Key elements covered in the Mississippi Independent Contractor Agreement include: 1. Identification of Parties: The agreement clearly identifies the licensed counselor and therapist entering into the agreement as independent contractors. 2. Scope of Work: This section defines the nature of the services to be provided by the independent contractor, such as therapy sessions, counseling, assessments, and other related activities. 3. Compensation: The agreement outlines the payment terms, including the compensation structure and payment schedule. Details regarding reimbursement for expenses, such as office supplies or professional development, may also be included. 4. Confidentiality: Given the sensitive nature of counseling and therapy services, this section emphasizes the importance of maintaining client confidentiality. It may also specify the steps to be taken in case of a breach of confidentiality. 5. Term and Termination: The agreement specifies the duration of the contract, as well as conditions under which either party can terminate the agreement. Notice periods and any potential penalties or obligations upon termination may also be outlined. 6. Ownership of Intellectual Property: If the licensed counselor and therapist generate any intellectual property while collaborating, such as treatment programs or materials, the agreement will clarify ownership rights. 7. Liability and Insurance: This section may address liability issues, stating that each party is responsible for their own professional liability insurance coverage. It may also mention any requirements for general liability insurance. Types of Mississippi Independent Contractor Agreements for Licensed Counselor and Therapist Practicing as a Solo Practitioner: 1. Partnership Agreement: In this type of agreement, licensed counselors and therapists join forces to establish a solo practitioner practice together, sharing resources and responsibilities. 2. Referral Agreement: This agreement allows licensed counselors and therapists in solo practice to refer clients to each other, ensuring continuity of care and expanding their pool of potential clients. 3. Supervision Agreement: When a licensed counselor or therapist wishes to gain supervised experience, they can enter into a supervision agreement with a more experienced solo practitioner, allowing them to receive mentorship and further develop their skills. It is crucial for both parties to consult with legal professionals in drafting a Mississippi Independent Contractor Agreement to ensure compliance with state laws and regulations. This agreement sets the foundation for a successful working relationship, promoting collaboration, professionalism, and ethical practice in the field of counseling and therapy.
