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.
Franklin Ohio Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that outlines the relationship between a self-employed sales representative and a company or individual in Franklin, Ohio. This agreement ensures that both parties understand their rights, responsibilities, and obligations during the duration of their business partnership. Keywords: Franklin Ohio, self-employed, independent contractor agreement, sales representative, legally binding, relationship, rights, responsibilities, obligations, business partnership. There are several types of Franklin Ohio Self-Employed Independent Contractor Agreements with Sales Representatives that can be tailored to suit specific situations: 1. Commission-Based Agreement: This type of agreement outlines the commission structure, payment terms, and the scope of responsibilities for the sales representative. It specifies the percentage of commission the representative will earn based on the sales they generate. 2. Exclusive Representation Agreement: This agreement provides exclusivity to the sales representative, prohibiting the company or individual from engaging other representatives or hiring in-house sales employees in Franklin, Ohio. It gives the representative the sole right to sell the products or services outlined in the agreement within the designated territory. 3. Non-Compete Agreement: In this type of agreement, the sales representative agrees not to engage in similar businesses or work for competitors after the termination of the agreement. This protects the company or individual from the representative using acquired knowledge or contacts to compete directly. 4. Territory-Based Agreement: A territory-based agreement defines the specific area or region in Franklin, Ohio where the sales representative has the exclusive right to sell the products or services. It establishes boundaries to avoid conflicts between representatives working in overlapping regions. 5. Product-Specific Agreement: This type of agreement focuses on the sale and representation of specific products or services offered by the company or individual in Franklin, Ohio. It details the features, pricing, terms, and conditions related to these specific offerings. These are examples of the various types of agreements that can be tailored to meet the specific needs and circumstances of self-employed sales representatives operating in Franklin, Ohio. It is crucial for both parties to carefully review and negotiate the terms of the agreement to ensure fair and mutually beneficial terms before signing.Franklin Ohio Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that outlines the relationship between a self-employed sales representative and a company or individual in Franklin, Ohio. This agreement ensures that both parties understand their rights, responsibilities, and obligations during the duration of their business partnership. Keywords: Franklin Ohio, self-employed, independent contractor agreement, sales representative, legally binding, relationship, rights, responsibilities, obligations, business partnership. There are several types of Franklin Ohio Self-Employed Independent Contractor Agreements with Sales Representatives that can be tailored to suit specific situations: 1. Commission-Based Agreement: This type of agreement outlines the commission structure, payment terms, and the scope of responsibilities for the sales representative. It specifies the percentage of commission the representative will earn based on the sales they generate. 2. Exclusive Representation Agreement: This agreement provides exclusivity to the sales representative, prohibiting the company or individual from engaging other representatives or hiring in-house sales employees in Franklin, Ohio. It gives the representative the sole right to sell the products or services outlined in the agreement within the designated territory. 3. Non-Compete Agreement: In this type of agreement, the sales representative agrees not to engage in similar businesses or work for competitors after the termination of the agreement. This protects the company or individual from the representative using acquired knowledge or contacts to compete directly. 4. Territory-Based Agreement: A territory-based agreement defines the specific area or region in Franklin, Ohio where the sales representative has the exclusive right to sell the products or services. It establishes boundaries to avoid conflicts between representatives working in overlapping regions. 5. Product-Specific Agreement: This type of agreement focuses on the sale and representation of specific products or services offered by the company or individual in Franklin, Ohio. It details the features, pricing, terms, and conditions related to these specific offerings. These are examples of the various types of agreements that can be tailored to meet the specific needs and circumstances of self-employed sales representatives operating in Franklin, Ohio. It is crucial for both parties to carefully review and negotiate the terms of the agreement to ensure fair and mutually beneficial terms before signing.
