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?
New Hampshire Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner Introduction: A New Hampshire Independent Contractor Agreement is a legally binding document that outlines the relationship between a licensed counselor and therapist who wants to engage in independent contractor work as a solo practitioner. This agreement sets forth the terms and conditions under which the independent contractor will provide services, ensuring clarity and protection for both parties. Key Elements of the Agreement: 1. Identification of the Parties: The agreement begins by clearly identifying the names and addresses of both the licensed counselor and therapist, as well as their qualifications and license numbers. 2. Nature of Agreement: This section explains that the agreement establishes an independent contractor relationship, emphasizing that the counselor and therapist are not employees, partners, or legal representatives of each other. 3. Scope of Services: The agreement outlines the specific services the independent contractor will provide, such as individual counseling, group therapy, or specialized treatments. It may also mention any limitations or restrictions on the types of care the therapist can offer. 4. Compensation: This section details how the independent contractor will be compensated for their services. It typically includes information on hourly rates, session fees, frequency of payment, and any additional expenses or reimbursements. 5. Duration and Termination: The agreement specifies the duration of the contract, whether it is for a fixed period or on an ongoing basis. It also outlines the conditions under which either party can terminate the agreement, including notice periods and any penalties for early termination. 6. Confidentiality and Privacy: As privacy and confidentiality are crucial in counseling and therapy, there will be a comprehensive clause highlighting the importance of maintaining client confidentiality and adhering to legal and ethical guidelines. 7. Insurance and Liability: This section may require the independent contractor to carry adequate professional liability insurance and outline the responsibilities of each party regarding insurance coverage for potential claims or damages. 8. Non-Compete and Non-Disclosure: The agreement may contain provisions preventing the counselor and therapist from engaging in similar services within a specific geographical area or disclosing confidential information to competitors or third parties. Types of New Hampshire Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: 1. Standard New Hampshire Independent Contractor Agreement: This is the typical agreement covering the basic elements discussed above, suitable for most situations where a licensed counselor and therapist are establishing an independent contractor relationship. 2. Specialized New Hampshire Independent Contractor Agreement: This type of agreement may be tailored to fit unique circumstances, such as agreements for specific treatment modalities or when providing services to a particular population, like children or individuals with specific mental health issues. Conclusion: In summary, a New Hampshire Independent Contractor Agreement between a licensed counselor and therapist and a solo practitioner is a crucial document for clarifying the relationship and responsibilities between the parties involved. The agreement ensures that both parties are protected and understand the terms and conditions governing their professional collaboration, creating a solid foundation for successful and ethical counseling and therapy services.
