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.
Nassau New York Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that establishes a professional relationship between a company or individual (referred to as the "Principal") and a self-employed sales representative (referred to as the "Sales Representative"). This agreement outlines the terms and conditions that govern the working arrangement between these two parties. Keywords: Nassau New York, self-employed, independent contractor agreement, sales representative, legally binding, professional relationship, company, individual, terms and conditions, working arrangement There are several types of Nassau New York Self-Employed Independent Contractor Agreement with Sales Representative, including: 1. Commission-Based Agreement: This type of agreement specifies that the Sales Representative's compensation will be based on a percentage of sales or a fixed commission for each successfully closed deal. The agreement should clearly state how commissions will be calculated and when they will be paid. 2. Territory-Based Agreement: In this type of agreement, the Sales Representative is assigned a specific geographic area or market segment to focus on. The agreement should define the boundaries of the territory and outline any exclusivity or non-compete clauses that may apply. 3. Product-Specific Agreement: This type of agreement is tailored to a specific product or service the Sales Representative will be selling on behalf of the Principal. It should include details about product specifications, pricing, and any support or training provided by the Principal. 4. Duration-Based Agreement: This agreement outlines the duration of the working relationship between the Principal and the Sales Representative. It can be fixed-term, where the agreement has a specific end date, or open-ended, allowing either party to terminate the agreement with notice. 5. Non-Disclosure and Confidentiality Agreement: This type of agreement ensures that the Sales Representative will maintain the confidentiality of any sensitive information shared by the Principal. It includes provisions preventing the Sales Representative from disclosing or using such information for personal gain or sharing it with third parties. 6. Non-Solicitation Agreement: This agreement restricts the Sales Representative from targeting or soliciting the Principal's customers or clients for their own benefit or on behalf of a competitor, either during or after the term of the agreement. Overall, a Nassau New York Self-Employed Independent Contractor Agreement with Sales Representative is essential for establishing clear expectations, defining roles and responsibilities, and protecting the interests of both the Principal and the Sales Representative in their professional engagement.Nassau New York Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that establishes a professional relationship between a company or individual (referred to as the "Principal") and a self-employed sales representative (referred to as the "Sales Representative"). This agreement outlines the terms and conditions that govern the working arrangement between these two parties. Keywords: Nassau New York, self-employed, independent contractor agreement, sales representative, legally binding, professional relationship, company, individual, terms and conditions, working arrangement There are several types of Nassau New York Self-Employed Independent Contractor Agreement with Sales Representative, including: 1. Commission-Based Agreement: This type of agreement specifies that the Sales Representative's compensation will be based on a percentage of sales or a fixed commission for each successfully closed deal. The agreement should clearly state how commissions will be calculated and when they will be paid. 2. Territory-Based Agreement: In this type of agreement, the Sales Representative is assigned a specific geographic area or market segment to focus on. The agreement should define the boundaries of the territory and outline any exclusivity or non-compete clauses that may apply. 3. Product-Specific Agreement: This type of agreement is tailored to a specific product or service the Sales Representative will be selling on behalf of the Principal. It should include details about product specifications, pricing, and any support or training provided by the Principal. 4. Duration-Based Agreement: This agreement outlines the duration of the working relationship between the Principal and the Sales Representative. It can be fixed-term, where the agreement has a specific end date, or open-ended, allowing either party to terminate the agreement with notice. 5. Non-Disclosure and Confidentiality Agreement: This type of agreement ensures that the Sales Representative will maintain the confidentiality of any sensitive information shared by the Principal. It includes provisions preventing the Sales Representative from disclosing or using such information for personal gain or sharing it with third parties. 6. Non-Solicitation Agreement: This agreement restricts the Sales Representative from targeting or soliciting the Principal's customers or clients for their own benefit or on behalf of a competitor, either during or after the term of the agreement. Overall, a Nassau New York Self-Employed Independent Contractor Agreement with Sales Representative is essential for establishing clear expectations, defining roles and responsibilities, and protecting the interests of both the Principal and the Sales Representative in their professional engagement.
