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?
West Virginia Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner In West Virginia, licensed counselors and therapists who wish to collaborate or establish a professional relationship often enter into independent contractor agreements. These agreements outline the terms and conditions of their working arrangement, including their rights, responsibilities, and expectations. A West Virginia Independent Contractor Agreement between licensed counselors and therapists practicing as solo practitioners typically includes the following key elements: 1. Parties Involved: The agreement identifies the parties involved, including the names, addresses, and contact information of both the licensed counselor and therapist as well as their solo practitioner businesses. 2. Services Provided: The agreement specifies the type of services that the licensed counselor and therapist will provide. These services may include individual counseling, group therapy, assessment and evaluation, treatment planning, and any other relevant therapeutic interventions. 3. Scope of Work: The agreement outlines the scope of work, including the specific population or client base the licensed counselor and therapist will serve. It may also define the geographical location or settings where the counseling services will be provided. 4. Compensation and Payment: The agreement includes detailed provisions regarding how the licensed counselor and therapist will be compensated for their services. This includes payment rates, frequency of payments, and any additional expenses that may be reimbursed. 5. Confidentiality and Privacy: Confidentiality is a crucial aspect of counseling and therapy. The agreement ensures that both parties understand and agree to maintain strict confidentiality in accordance with legal and ethical obligations. It also addresses privacy concerns, such as the handling of client records and any necessary disclosures. 6. Liability and Insurance: The agreement may specify the liability and insurance requirements for both parties. This includes professional liability insurance coverage, which is essential for protecting practitioners in the event of a malpractice claim. 7. Termination and Renewal: The agreement outlines the procedures for terminating the contractual relationship, including any notice period required. It may also address possibilities for renewal or extension of the agreement if desired by both parties. 8. Governing Law and Jurisdiction: The agreement determines the governing law of the contract, specifying that it is subject to West Virginia state laws. Any disputes or legal actions arising from the agreement will be resolved within the state's jurisdiction. Different types of West Virginia Independent Contractor Agreements between licensed counselors and therapists practicing as solo practitioners may exist based on various factors, such as the duration of the agreement (short-term or long-term), specific specialization (e.g., marriage and family counseling, addiction counseling, etc.), or unique requirements of the parties involved. It is essential for licensed counselors and therapists in West Virginia to carefully consider their needs, goals, and legal obligations when drafting or entering into an independent contractor agreement. Seeking guidance from legal professionals well-versed in counseling and therapy laws is highly recommended ensuring compliance and protection of their professional interests.
