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.
Wake North Carolina Self-Employed Independent Contractor Agreement with Sales Representative A Wake North Carolina Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document outlining the relationship between a company or business and an individual sales representative who is essentially an independent contractor. This agreement sets forth the terms and conditions that both parties must adhere to during their working relationship, safeguarding the rights and responsibilities of each involved party. Keywords: Wake North Carolina, Self-Employed, Independent Contractor Agreement, Sales Representative, legally binding, relationship, company, business, individual, terms and conditions, working relationship, rights, responsibilities. Types of Wake North Carolina Self-Employed Independent Contractor Agreement with Sales Representative: 1. Commission-Based Sales Agreement: This type of agreement defines the commission structure, rate, and how commissions will be calculated and paid to the sales representative based on their sales performance. It may also include clauses regarding the termination and renewal of the agreement. 2. Exclusive Sales Agreement: This agreement grants the sales representative exclusive rights to sell and promote the company’s products or services in a specific territory or market segment. It outlines the sales representative's responsibilities and the company's obligations to support them. 3. Non-Exclusive Sales Agreement: Unlike an exclusive agreement, a non-exclusive agreement allows the sales representative to represent multiple companies simultaneously. It sets out the terms under which the sales representative will promote and sell the company's products or services while representing other entities. 4. Termination Agreement: This agreement specifies the conditions and procedures for terminating the relationship between the sales representative and the company. It covers grounds for termination such as breach of contract, non-performance, or mutual agreement, providing clarity on the rights and obligations toward the end of the engagement. 5. Confidentiality and Non-Disclosure Agreement: This agreement ensures that the sales representative agrees to keep company-related information, trade secrets, customer lists, pricing details, and other proprietary data confidential. It prohibits the sales representative from sharing this information with third parties or using it to benefit competitors during and after the contractual period. 6. Non-Compete Agreement: This type of agreement restricts the sales representative from engaging in activities that directly compete with the company's business while working for them or within a specific timeframe after termination. It helps protect the company's interests and intellectual property from being exploited by competitors. 7. Indemnity Agreement: An indemnity agreement holds the sales representative responsible for any losses, damages, or legal liabilities incurred by the company due to their actions or omissions while performing their duties. It defines the extent to which the sales representative will be held accountable financially and legally. Note: It is important to consult with a legal professional or attorney when drafting or entering into any contractual agreement to ensure compliance with Wake North Carolina laws and regulations.Wake North Carolina Self-Employed Independent Contractor Agreement with Sales Representative A Wake North Carolina Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding document outlining the relationship between a company or business and an individual sales representative who is essentially an independent contractor. This agreement sets forth the terms and conditions that both parties must adhere to during their working relationship, safeguarding the rights and responsibilities of each involved party. Keywords: Wake North Carolina, Self-Employed, Independent Contractor Agreement, Sales Representative, legally binding, relationship, company, business, individual, terms and conditions, working relationship, rights, responsibilities. Types of Wake North Carolina Self-Employed Independent Contractor Agreement with Sales Representative: 1. Commission-Based Sales Agreement: This type of agreement defines the commission structure, rate, and how commissions will be calculated and paid to the sales representative based on their sales performance. It may also include clauses regarding the termination and renewal of the agreement. 2. Exclusive Sales Agreement: This agreement grants the sales representative exclusive rights to sell and promote the company’s products or services in a specific territory or market segment. It outlines the sales representative's responsibilities and the company's obligations to support them. 3. Non-Exclusive Sales Agreement: Unlike an exclusive agreement, a non-exclusive agreement allows the sales representative to represent multiple companies simultaneously. It sets out the terms under which the sales representative will promote and sell the company's products or services while representing other entities. 4. Termination Agreement: This agreement specifies the conditions and procedures for terminating the relationship between the sales representative and the company. It covers grounds for termination such as breach of contract, non-performance, or mutual agreement, providing clarity on the rights and obligations toward the end of the engagement. 5. Confidentiality and Non-Disclosure Agreement: This agreement ensures that the sales representative agrees to keep company-related information, trade secrets, customer lists, pricing details, and other proprietary data confidential. It prohibits the sales representative from sharing this information with third parties or using it to benefit competitors during and after the contractual period. 6. Non-Compete Agreement: This type of agreement restricts the sales representative from engaging in activities that directly compete with the company's business while working for them or within a specific timeframe after termination. It helps protect the company's interests and intellectual property from being exploited by competitors. 7. Indemnity Agreement: An indemnity agreement holds the sales representative responsible for any losses, damages, or legal liabilities incurred by the company due to their actions or omissions while performing their duties. It defines the extent to which the sales representative will be held accountable financially and legally. Note: It is important to consult with a legal professional or attorney when drafting or entering into any contractual agreement to ensure compliance with Wake North Carolina laws and regulations.
