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.
Queens, New York: Self-Employed Independent Contractor Agreement with Sales Representative A Queens, New York Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that establishes the relationship between a self-employed sales representative and a business in Queens, New York. This agreement outlines the terms and conditions of the working arrangement, including the rights, responsibilities, and expectations of both parties involved. In this agreement, the term "Queens, New York" signifies the geographical location where the agreement is executed and applied. Queens is one of the five boroughs of New York City and is known for its diverse population, vibrant culture, and thriving business community. As a significant economic and commercial hub, Queens offers ample opportunities for sales representatives to establish fruitful business relationships and promote products or services on behalf of companies. This self-employed independent contractor agreement with a sales representative in Queens, New York, ensures that both the contractor and the business mutually agree upon the terms of their collaboration. The main purpose is to define the expectations, such as the scope of work, compensation structure, and any specific terms unique to the Queens market. Keywords: Queens, New York, self-employed, independent contractor, agreement, sales representative, terms, conditions, rights, responsibilities, expectations, business, geographical location, diverse population, vibrant culture, thriving business community, economic hub, commercial hub, fruitful business relationships, promote products, services, compensation structure, scope of work. Types of Queens, New York Self-Employed Independent Contractor Agreements with Sales Representative: 1. Standard Sales Representative Agreement: This agreement type contains the general terms, conditions, and clauses typically associated with a self-employed sales representative arrangement. It outlines the sales representative's responsibilities, commission structure, non-compete clauses, and termination procedures applicable to Queens, New York. 2. Exclusive Sales Representation Agreement: This agreement grants the sales representative exclusive rights to represent and promote a specific product or brand in Queens, New York. It may include additional clauses such as territory exclusivity, minimum sales targets, and specific marketing strategies. 3. Commission-Only Sales Representative Agreement: This agreement is commonly used when the sales representative receives commission-based compensation rather than a fixed salary. It outlines the commission structure, payment terms, and any conditions or thresholds required for commission eligibility. 4. Independent Contractor Agreement with Non-Disclosure Clause: This agreement includes a non-disclosure clause to protect the confidential information, trade secrets, and proprietary knowledge shared by the business with the sales representative. It ensures the representative's duty to maintain strict confidentiality during the course of their sales activities in Queens, New York. Keywords: sales representative agreement, standard, exclusive, commission-only, non-disclosure clause, product, brand, territory exclusivity, minimum sales targets, marketing strategies, commission-based compensation, fixed salary, trade secrets, proprietary knowledge, non-disclosure, confidentiality.Queens, New York: Self-Employed Independent Contractor Agreement with Sales Representative A Queens, New York Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document that establishes the relationship between a self-employed sales representative and a business in Queens, New York. This agreement outlines the terms and conditions of the working arrangement, including the rights, responsibilities, and expectations of both parties involved. In this agreement, the term "Queens, New York" signifies the geographical location where the agreement is executed and applied. Queens is one of the five boroughs of New York City and is known for its diverse population, vibrant culture, and thriving business community. As a significant economic and commercial hub, Queens offers ample opportunities for sales representatives to establish fruitful business relationships and promote products or services on behalf of companies. This self-employed independent contractor agreement with a sales representative in Queens, New York, ensures that both the contractor and the business mutually agree upon the terms of their collaboration. The main purpose is to define the expectations, such as the scope of work, compensation structure, and any specific terms unique to the Queens market. Keywords: Queens, New York, self-employed, independent contractor, agreement, sales representative, terms, conditions, rights, responsibilities, expectations, business, geographical location, diverse population, vibrant culture, thriving business community, economic hub, commercial hub, fruitful business relationships, promote products, services, compensation structure, scope of work. Types of Queens, New York Self-Employed Independent Contractor Agreements with Sales Representative: 1. Standard Sales Representative Agreement: This agreement type contains the general terms, conditions, and clauses typically associated with a self-employed sales representative arrangement. It outlines the sales representative's responsibilities, commission structure, non-compete clauses, and termination procedures applicable to Queens, New York. 2. Exclusive Sales Representation Agreement: This agreement grants the sales representative exclusive rights to represent and promote a specific product or brand in Queens, New York. It may include additional clauses such as territory exclusivity, minimum sales targets, and specific marketing strategies. 3. Commission-Only Sales Representative Agreement: This agreement is commonly used when the sales representative receives commission-based compensation rather than a fixed salary. It outlines the commission structure, payment terms, and any conditions or thresholds required for commission eligibility. 4. Independent Contractor Agreement with Non-Disclosure Clause: This agreement includes a non-disclosure clause to protect the confidential information, trade secrets, and proprietary knowledge shared by the business with the sales representative. It ensures the representative's duty to maintain strict confidentiality during the course of their sales activities in Queens, New York. Keywords: sales representative agreement, standard, exclusive, commission-only, non-disclosure clause, product, brand, territory exclusivity, minimum sales targets, marketing strategies, commission-based compensation, fixed salary, trade secrets, proprietary knowledge, non-disclosure, confidentiality.
