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?
Title: South Carolina Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner Keywords: South Carolina, independent contractor agreement, licensed counselor, therapist, solo practitioner Introduction: In South Carolina, licensed counselors and therapists have the option to enter into an independent contractor agreement when working with other professionals or as a solo practitioner. This contractual arrangement ensures a clear understanding of the terms, responsibilities, and rights between the parties involved. There are various types of independent contractor agreements tailored to the specific needs of licensed counselors and therapists. 1. South Carolina Independent Contractor Agreement — Licensed Counselor and Therapist Practicing as a Solo Practitioner: Licensed counselors and therapists who opt to establish solo practices in South Carolina can benefit greatly from an independent contractor agreement. This type of agreement outlines the terms of the relationship with the practice's clients and any contractual obligations. Provisions relating to client referrals, payment terms, confidentiality, and professional liability insurance may be included. 2. South Carolina Independent Contractor Agreement — Licensed Counselor and Therapist Collaborating in a Group Practice: In cases where licensed counselors and therapists wish to collaborate within a group practice setting, a different type of independent contractor agreement may come into play. This agreement establishes the terms between the individual practitioner and the group practice, defining obligations, revenue sharing, operating expenses, and marketing efforts. It also outlines the duration of the agreement and the process for termination, if applicable. 3. South Carolina Independent Contractor Agreement — Licensed Counselor and Therapist Hiring an Associate: When a licensed counselor or therapist decides to hire another professional as an associate in their solo practice or group practice, an independent contractor agreement is crucial to clarify the rights and duties of both parties. This agreement sets out the associate's scope of practice, fee arrangements, client confidentiality, supervision requirements, and any non-compete clauses. 4. South Carolina Independent Contractor Agreement — Licensed Counselor and Therapist Contracting for Specific Services: In certain cases, licensed counselors and therapists may require specific services from other professionals on a contractual basis. This type of independent contractor agreement establishes the terms between the primary practitioner and the contractor, detailing the specific services to be provided, compensation terms, deadlines, liability, and confidentiality. Conclusion: South Carolina offers licensed counselors and therapists a range of independent contractor agreement options to ensure successful collaborations and solo practice operations. Whether practicing independently, within a group setting, hiring associates, or contracting for specific services, these agreements protect the rights and establish clear boundaries between parties. Careful consideration of the specific agreement required is essential to meet the unique needs of licensed counselors and therapists in South Carolina.
