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: Understanding Wisconsin Independent Contractor Agreement between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner Introduction: In the state of Wisconsin, independent contractor agreements are a legal tool used in the counseling and therapy field. This article provides a detailed description of the Wisconsin Independent Contractor Agreement between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner. It aims to give an overview of the agreement terms, its importance, and various types if applicable. 1. Purpose of the Independent Contractor Agreement: The Independent Contractor Agreement serves as a contractual agreement between a Licensed Counselor and Therapist who is practicing on an independent basis. It outlines the terms, rights, and responsibilities of both parties involved in the engagement. 2. Contractual Terms and Clauses: The Wisconsin Independent Contractor Agreement typically includes the following clauses: — Identification of Parties: Identifying the parties involved in the agreement, including their full legal names, addresses, and contact details. — Term of Agreement: Specifying the duration of the agreement, including the starting and ending dates, renewal options, or conditions for early termination. — Scope of Services: Clearly defining the services to be provided by the Licensed Counselor and Therapist Practicing as a Solo Practitioner. — Compensation & Payment: Outlining the agreed-upon payment structure, including the amount, method of payment, and frequency. — Confidentiality: Addressing the protection of client confidentiality and the handling of sensitive information. — Non-Compete and Non-Solicitation: Defining any restrictions on the Licensed Counselor and Therapist from engaging in similar services within a specific geographic area or soliciting clients from their solo practice. — Liability and Insurance: Establishing the respective party's liability in case of any professional or personal incidents and the required insurance coverage. 3. Different Types of Wisconsin Independent Contractor Agreements: While the basic terms of the Independent Contractor Agreement remain consistent, there might be variations based on specific circumstances. Examples of different types of Wisconsin Independent Contractor Agreements include: — Full-Time Agreement: Pertaining to counselors engaged in a full-time capacity for a solo practice arrangement. — Part-Time Agreement: For counselors providing services part-time or on a limited basis as independent contractors. — Group Practice Agreement: A separate agreement that might be required when the Licensed Counselor and Therapist engages in services within a group practice. — Specialty Agreement: Some agreements may be tailored to specific specialties or treatment modalities within counseling and therapy. Conclusion: The Wisconsin Independent Contractor Agreement between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner plays a crucial role in establishing a professional relationship, protecting the rights and responsibilities of both parties, ensuring proper compensation, and maintaining confidentiality. While the basic elements remain the same, the agreement can be further customized based on the specific needs and circumstances of the contracting parties or the type of practice arrangement.
