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.
Cuyahoga Ohio Self-Employed Independent Contractor Agreement with Sales Representative is a legal document that outlines the terms and conditions between a self-employed individual and a company hiring them as a sales representative. This agreement governs their working relationship, providing clarity on various aspects such as compensation, duties and responsibilities, termination clauses, confidentiality, and non-compete provisions. Key terms and keywords applicable to the Cuyahoga Ohio Self-Employed Independent Contractor Agreement with Sales Representative may include: 1. Self-Employed Independent Contractor: This agreement establishes the contractor's status as an independent individual responsible for their own taxes and benefits, rather than an employee. 2. Sales Representative: The agreement defines the role of the individual as a sales representative, explicitly stating their obligations and targets. 3. Compensation: Covers details regarding the payment structure, including base salary, commission rates, bonuses, or any other incentives. 4. Duties and Responsibilities: Outlines the tasks and responsibilities expected from the sales representative, including sales targets, customer relationship management, product knowledge, and adherence to company policies. 5. Term and Termination: Specifies the duration of the agreement and the conditions under which either party can terminate it, including reasons for termination and notice periods. 6. Confidentiality: Includes provisions to safeguard sensitive company information, trade secrets, and customer data from being disclosed or used without authorization. 7. Non-Compete Clause: May prohibit the sales representative from working for or soliciting business from competitors during or after the agreement's term within a specified geographic area. 8. Intellectual Property: Clarifies ownership rights of any intellectual property created by the sales representative during the course of their employment. 9. Indemnification: Defines the responsibility of the sales representative to defend and compensate the company for any damages or legal claims arising from their actions or negligence. 10. Governing Law and Venue: Establishes that any disputes regarding the agreement will be resolved in accordance with Cuyahoga Ohio laws and designates a specific jurisdiction or court where legal actions must be filed. Different types or variations of Cuyahoga Ohio Self-Employed Independent Contractor Agreement with Sales Representative may exist based on specific industries or unique requirements of the company. Examples could include agreements tailored for software sales representatives, medical device sales representatives, or real estate sales representatives, to name a few. The specific terms, benchmarks, and provisions within the agreement may vary in accordance with the nature of the sales role and industry.Cuyahoga Ohio Self-Employed Independent Contractor Agreement with Sales Representative is a legal document that outlines the terms and conditions between a self-employed individual and a company hiring them as a sales representative. This agreement governs their working relationship, providing clarity on various aspects such as compensation, duties and responsibilities, termination clauses, confidentiality, and non-compete provisions. Key terms and keywords applicable to the Cuyahoga Ohio Self-Employed Independent Contractor Agreement with Sales Representative may include: 1. Self-Employed Independent Contractor: This agreement establishes the contractor's status as an independent individual responsible for their own taxes and benefits, rather than an employee. 2. Sales Representative: The agreement defines the role of the individual as a sales representative, explicitly stating their obligations and targets. 3. Compensation: Covers details regarding the payment structure, including base salary, commission rates, bonuses, or any other incentives. 4. Duties and Responsibilities: Outlines the tasks and responsibilities expected from the sales representative, including sales targets, customer relationship management, product knowledge, and adherence to company policies. 5. Term and Termination: Specifies the duration of the agreement and the conditions under which either party can terminate it, including reasons for termination and notice periods. 6. Confidentiality: Includes provisions to safeguard sensitive company information, trade secrets, and customer data from being disclosed or used without authorization. 7. Non-Compete Clause: May prohibit the sales representative from working for or soliciting business from competitors during or after the agreement's term within a specified geographic area. 8. Intellectual Property: Clarifies ownership rights of any intellectual property created by the sales representative during the course of their employment. 9. Indemnification: Defines the responsibility of the sales representative to defend and compensate the company for any damages or legal claims arising from their actions or negligence. 10. Governing Law and Venue: Establishes that any disputes regarding the agreement will be resolved in accordance with Cuyahoga Ohio laws and designates a specific jurisdiction or court where legal actions must be filed. Different types or variations of Cuyahoga Ohio Self-Employed Independent Contractor Agreement with Sales Representative may exist based on specific industries or unique requirements of the company. Examples could include agreements tailored for software sales representatives, medical device sales representatives, or real estate sales representatives, to name a few. The specific terms, benchmarks, and provisions within the agreement may vary in accordance with the nature of the sales role and industry.
