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. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time?
" Does the worker make his or her services available to the general public?
Cook Illinois Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legally binding agreement that outlines the terms and conditions under which a licensed counselor and therapist can work as independent contractors in the state of Illinois. This agreement is designed for individuals who are practicing as solo practitioners and wish to provide their services independently, without being employed by a counseling agency or organization. The main purpose of this agreement is to establish a professional relationship between the licensed counselor and therapist and the clients they serve. It explicitly defines the rights and responsibilities of both parties involved and ensures that all parties adhere to ethical standards, legal requirements, and industry best practices. The Cook Illinois Independent Contractor Agreement covers various important aspects, including: 1. Services provided: This agreement specifies the nature of the counseling and therapeutic services that the independent contractor will provide to their clients. It may include individual counseling, group therapy, couples or family therapy, and other specialized services. 2. Scope of practice: The agreement outlines the areas in which the licensed counselor and therapist are qualified to provide services. It ensures that the practitioner operates within their established scope of practice and expertise. 3. Client confidentiality and privacy: This agreement emphasizes the importance of maintaining client privacy and confidentiality. It includes provisions that require the independent contractor to adhere to legal and ethical obligations regarding client information and records. 4. Compensation and financial arrangements: The agreement details the fee structure, payment terms, and any additional financial arrangements between the independent contractor and their clients. It ensures transparency and clarity in financial matters. 5. Duration and termination: The agreement stipulates the duration of the contractual relationship between the independent contractor and their clients. It also outlines the conditions under which either party can terminate the agreement, ensuring that both parties have a clear understanding of their rights and obligations. Other types of Cook Illinois Independent Contractor Agreements between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner may include: — Cook County Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: This agreement is specifically tailored for those practicing in Cook County within the state of Illinois. — Illinois Mental Health Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: This agreement focuses on mental health counseling and therapy services provided by licensed practitioners in Illinois. — Chicago Metro Area Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: This agreement caters to independent contractors operating in the Chicago metropolitan area, ensuring compliance with specific local regulations and requirements. It is crucial for both parties involved to carefully review and understand the terms of the Cook Illinois Independent Contractor Agreement before entering into the professional relationship. Seeking legal counsel is recommended to ensure that the agreement aligns with the specific needs and goals of the licensed counselor and therapist and provides adequate protection for all involved parties.