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?
In Ohio, an Independent Contractor Agreement between a licensed counselor and therapist and a solo practitioner holds great significance for both parties involved. This legally binding document outlines the terms and conditions of their professional arrangement, ensuring clear communication, mutual understanding, and protection of rights. This agreement serves as a comprehensive contract that defines the roles, responsibilities, and obligations of both the licensed counselor and therapist and the solo practitioner. It establishes crucial details such as compensation, work schedule, professional standards, confidentiality, and termination procedures. By having this agreement in place, all parties can ensure a transparent and harmonious working relationship. Key terms and provisions commonly found in an Ohio Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner include: 1. Parties Involved: Clearly identify and state the full legal names of the licensed counselor and therapist and the solo practitioner, along with their respective contact information and professional credentials. 2. Services Provided: Specify the type of counseling and therapy services to be rendered by the licensed counselor and therapist within the solo practitioner's practice. This could include individual therapy, group counseling, family therapy, or specialized treatment approaches. 3. Compensation: Define the agreed-upon payment structure, whether it's a percentage or flat fee basis, and detail how and when payment will be made. Enumerate any additional expenses or reimbursements that may apply. 4. Schedule and Availability: Outline the expected working hours, days per week, and the duration of each counseling session. Include any provisions for time off, vacation, and the possibility of extending or reducing working hours if necessary. 5. Confidentiality and Privacy: Emphasize the importance of maintaining client confidentiality and adherence to all applicable privacy laws, such as HIPAA. Specify how client records will be handled, stored, and shared, ensuring compliance with legal and ethical guidelines. 6. Termination: Clearly state the conditions under which the agreement can be terminated by either party, including notice periods and any associated penalties or consequences. Different types of Ohio Independent Contractor Agreements Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as Solo Practitioners may include variations in terms and conditions based on specific circumstances. For instance, there could be separate agreements for part-time contractors, consultants, or interns, each tailored to their unique roles and responsibilities within the solo practitioner's practice. Crafting a thorough and explicit Independent Contractor Agreement is crucial for licensed counselors and therapists practicing as solo practitioners in Ohio. By addressing various aspects of their professional relationship, this agreement ensures that both parties are protected, expectations are met, and ultimately allows them to provide quality counseling and therapy services to their clients.
