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?
The Franklin Ohio Independent Contractor Agreement between a licensed counselor and therapist and a licensed counselor and therapist practicing as a solo practitioner is a legal document that outlines the terms and conditions of their professional relationship. This agreement is essential for both parties as it sets clear expectations, protects their rights, and ensures compliance with applicable laws and regulations in the field of mental health counseling. Keywords: Franklin Ohio, independent contractor agreement, licensed counselor, therapist, solo practitioner. 1. Introduction: The agreement begins with a comprehensive introduction that clearly states the identities of the involved parties, their professional titles, and their intent to enter into an independent contractor relationship. 2. Scope of Services: This section specifies the types of counseling services the licensed counselor and therapist will provide as an independent contractor, including individual therapy, group therapy, family counseling, and other related mental health services. 3. Duration: The agreement defines the commencement date of the independent contractor relationship and outlines the termination process. It may also include details regarding a notice period or circumstances that may lead to early termination. 4. Independent Contractor Relationship: This section elucidates that the licensed counselor and therapist are individually responsible for their own professional and legal obligations. It clarifies that they are not employees but rather independent contractors and highlights the importance of maintaining professional liability insurance. 5. Compensation and Billing: The agreement details the agreed-upon compensation structure, including hourly rates, session fees, or a percentage of the therapist's revenue. It may also stipulate the billing procedures, invoicing requirements, and the agreed-upon frequency of payments. 6. Confidentiality and Privacy: This section emphasizes the importance of maintaining client confidentiality and outlines the measures both parties will take to protect the privacy of clients' personal information, in accordance with state and federal regulations. 7. Professional Conduct: The agreement outlines the professional standards and ethical guidelines that the licensed counselor and therapist must adhere to while providing counseling services and interacting with clients. It may also include a clause addressing conflicts of interest. 8. Dispute Resolution: This section addresses the process for resolving disputes that may arise between the licensed counselor and therapist, including mediation or arbitration procedures and the jurisdiction applicable in case of legal action. 9. Non-Disclosure and Non-Compete: Depending on the agreement, this section may include provisions that restrict the licensed counselor and therapist from disclosing proprietary information or competing directly with the solo practitioner's practice for a specified period within a defined geographic area. Different types of Franklin Ohio Independent Contractor Agreements may include variations based on factors such as the specialization of the licensed counselor and therapist (e.g., marriage and family therapist, addiction counselor), the duration or termination conditions, or additional clauses related to marketing, client referrals, or supervision requirements. Note: It is crucial to consult with a legal professional familiar with Ohio state laws to ensure the agreement complies with all relevant regulations and accurately reflects the specific circumstances of the licensed counselor and therapist practicing as a solo practitioner in Franklin Ohio.
