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?
A Cuyahoga Ohio Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legally binding contract that outlines the terms and conditions agreed upon by both parties involved. This agreement is specifically tailored for licensed counselors and therapists who wish to work independently as solo practitioners in Cuyahoga County, Ohio. It sets forth the responsibilities, obligations, rights, and expectations for both the independent contractor and the solo practitioner hiring their services. The key elements covered within the agreement include: 1. Identification of the parties: This section establishes the names, addresses, and contact information of the independent contractor (licensed counselor and therapist) and the solo practitioner. It is important to accurately identify each party involved to prevent any confusion or miscommunication. 2. Scope of work: This section defines the specific services or therapy sessions the licensed counselor and therapist will provide to the solo practitioner's clients. It may include details about counseling techniques, modalities, or specific therapies offered. 3. Payment terms: This clause outlines the agreed compensation structure, payment schedule, and any applicable fees or expenses that the independent contractor may incur during the course of their work. It is vital to clearly state the payment expectations to avoid misunderstandings or disputes in the future. 4. Duration and termination: This section specifies the duration of the agreement and the circumstances under which it can be terminated by either party. It may include details regarding the notice period required for termination and any penalties or liabilities associated with early termination. 5. Confidentiality and privacy: As counseling and therapy sessions involve sensitive and personal information, this clause ensures the protection of client confidentiality and privacy rights. It emphasizes that the independent contractor must adhere to all applicable laws and professional ethics guidelines regarding client confidentiality. 6. Non-competition and non-solicitation: If applicable, this section may prohibit the independent contractor from engaging in similar counseling or therapy services within a specific geographic area for a defined period after the termination of the agreement. It may also restrict the solicitation of the solo practitioner's clients or employees. Different types of Cuyahoga Ohio Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner may include variations based on factors such as payment structure (hourly or session-based), therapy modalities offered (individual, couple, or group therapy), the location of practice, and duration of the agreement. These variations will depend on the specific needs and requirements of both parties involved. It is crucial for both the independent contractor and the solo practitioner to thoroughly review and understand the terms and conditions outlined in the agreement before signing, ensuring that it adequately protects their rights and interests throughout their professional relationship.
