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.
Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative is a comprehensive legal document that outlines the terms and conditions between a sales representative and a company engaging their services as an independent contractor. This agreement is specific to Fulton, Georgia, and is tailored for individuals or businesses operating within this area. The agreement establishes the essential relationship between the sales representative and the company, defining their respective rights and responsibilities. It covers various aspects of the working relationship, including commission structure, payment terms, termination clauses, non-disclosure agreements, and intellectual property rights. Keywords: Fulton Georgia, self-employed, independent contractor, agreement, sales representative, legal document, terms and conditions, commission structure, payment terms, termination clauses, non-disclosure agreement, intellectual property rights. Different types of Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative may include variations based on specific industries or services provided. Some examples include: 1. Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative for Real Estate: This type of agreement is tailored for individuals representing a real estate company in Fulton, outlining specific terms related to property sales, commission rates, and compliance with real estate laws and regulations. 2. Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative for Technology Products: This agreement is designed for sales representatives specializing in selling technology products, covering terms related to technical support, product training, and intellectual property rights specific to the technology industry in Fulton. 3. Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative for Marketing Services: This agreement is suitable for sales representatives engaged in promoting marketing services, and it includes provisions related to marketing strategies, client relationships, advertising campaigns, and confidentiality of sensitive marketing information. These variations address the unique requirements of different industries and services in Fulton, Georgia, ensuring that the agreement covers industry-specific regulations and obligations. It is crucial to consult with an attorney familiar with the relevant field and local regulations to customize the agreement to meet specific needs and comply with Fulton's legal requirements.Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative is a comprehensive legal document that outlines the terms and conditions between a sales representative and a company engaging their services as an independent contractor. This agreement is specific to Fulton, Georgia, and is tailored for individuals or businesses operating within this area. The agreement establishes the essential relationship between the sales representative and the company, defining their respective rights and responsibilities. It covers various aspects of the working relationship, including commission structure, payment terms, termination clauses, non-disclosure agreements, and intellectual property rights. Keywords: Fulton Georgia, self-employed, independent contractor, agreement, sales representative, legal document, terms and conditions, commission structure, payment terms, termination clauses, non-disclosure agreement, intellectual property rights. Different types of Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative may include variations based on specific industries or services provided. Some examples include: 1. Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative for Real Estate: This type of agreement is tailored for individuals representing a real estate company in Fulton, outlining specific terms related to property sales, commission rates, and compliance with real estate laws and regulations. 2. Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative for Technology Products: This agreement is designed for sales representatives specializing in selling technology products, covering terms related to technical support, product training, and intellectual property rights specific to the technology industry in Fulton. 3. Fulton Georgia Self-Employed Independent Contractor Agreement with Sales Representative for Marketing Services: This agreement is suitable for sales representatives engaged in promoting marketing services, and it includes provisions related to marketing strategies, client relationships, advertising campaigns, and confidentiality of sensitive marketing information. These variations address the unique requirements of different industries and services in Fulton, Georgia, ensuring that the agreement covers industry-specific regulations and obligations. It is crucial to consult with an attorney familiar with the relevant field and local regulations to customize the agreement to meet specific needs and comply with Fulton's legal requirements.
