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.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Restrictions to prevent competition by a present or former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
The West Virginia Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that outlines the terms and conditions between a self-employed individual and a company in West Virginia, engaging the individual as a sales representative. This agreement ensures clarity and protection for both parties involved in the business relationship. This specific agreement governs the relationship between an independent contractor and a company operating in West Virginia. It establishes the understanding that the sales representative is not an employee but an independent contractor, responsible for generating sales and promoting the company's products or services. Keywords: West Virginia, self-employed, independent contractor, sales representative, agreement, legally binding, terms and conditions, clarity, protection, business relationship, company, employee, responsible, generating sales, promoting products or services. Types of West Virginia Self-Employed Independent Contractor Agreement with Sales Representative: 1. Commission-only Agreement: In this type of agreement, the sales representative earns a commission based on the sales generated for the company. The agreement specifies the commission percentage, payment terms, and any other relevant details concerning compensation. 2. Exclusive Agreement: This agreement grants exclusivity to the sales representative within a defined territory or market segment. It prevents the company from engaging other sales representatives within that specific area. 3. Non-Exclusive Agreement: Unlike the exclusive agreement, this type allows the company to hire multiple sales representatives to work in the same territory, targeting different customer segments or focusing on various products or services. 4. Sales Representative Agreement with Goals and Targets: This agreement outlines specific sales goals and targets that the sales representative must achieve within a certain timeframe. It serves as a motivator and ensures the performance expectations are clearly defined. 5. Termination Agreement: This type of agreement is used when the business relationship between the sales representative and the company needs to be terminated. It includes the process and conditions under which either party can terminate the agreement. Keywords: commission-only agreement, exclusive agreement, non-exclusive agreement, sales representative agreement with goals and targets, termination agreement, sales goals, targets, sales performance, termination process, conditions.The West Virginia Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that outlines the terms and conditions between a self-employed individual and a company in West Virginia, engaging the individual as a sales representative. This agreement ensures clarity and protection for both parties involved in the business relationship. This specific agreement governs the relationship between an independent contractor and a company operating in West Virginia. It establishes the understanding that the sales representative is not an employee but an independent contractor, responsible for generating sales and promoting the company's products or services. Keywords: West Virginia, self-employed, independent contractor, sales representative, agreement, legally binding, terms and conditions, clarity, protection, business relationship, company, employee, responsible, generating sales, promoting products or services. Types of West Virginia Self-Employed Independent Contractor Agreement with Sales Representative: 1. Commission-only Agreement: In this type of agreement, the sales representative earns a commission based on the sales generated for the company. The agreement specifies the commission percentage, payment terms, and any other relevant details concerning compensation. 2. Exclusive Agreement: This agreement grants exclusivity to the sales representative within a defined territory or market segment. It prevents the company from engaging other sales representatives within that specific area. 3. Non-Exclusive Agreement: Unlike the exclusive agreement, this type allows the company to hire multiple sales representatives to work in the same territory, targeting different customer segments or focusing on various products or services. 4. Sales Representative Agreement with Goals and Targets: This agreement outlines specific sales goals and targets that the sales representative must achieve within a certain timeframe. It serves as a motivator and ensures the performance expectations are clearly defined. 5. Termination Agreement: This type of agreement is used when the business relationship between the sales representative and the company needs to be terminated. It includes the process and conditions under which either party can terminate the agreement. Keywords: commission-only agreement, exclusive agreement, non-exclusive agreement, sales representative agreement with goals and targets, termination agreement, sales goals, targets, sales performance, termination process, conditions.
