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?
Philadelphia, Pennsylvania is a bustling city known for its rich historical heritage, vibrant culture, and diverse population. As the birthplace of America, Philadelphia offers a unique blend of traditional charm and modern urban living. In this dynamic city, licensed counselors and therapists have the opportunity to practice as independent contractors, offering their specialized services to those in need. An independent contractor agreement between a licensed counselor and therapist practicing as a solo practitioner in Philadelphia, Pennsylvania serves as a crucial legal document that outlines the terms and conditions of their professional collaboration. This agreement is designed to protect the rights and responsibilities of both parties involved and ensure a mutually beneficial working relationship. The Philadelphia Pennsylvania Independent Contractor Agreement between a licensed counselor and therapist and a licensed counselor and therapist practicing as a solo practitioner can have various types, such as: 1. Traditional Independent Contractor Agreement — This is a standard contract that outlines the general terms and conditions of the collaboration between the licensed counselor and therapist and the licensed counselor and therapist practicing as a solo practitioner. It typically includes provisions regarding compensation, liability, termination, and confidentiality. 2. Time-Limited Independent Contractor Agreement — This type of agreement specifies a specific duration for the collaboration between the licensed counselor and therapist and the licensed counselor and therapist practicing as a solo practitioner. It outlines the start and end dates of the contract, as well as any renewal or extension options. 3. Non-Disclosure Independent Contractor Agreement — This agreement focuses on protecting sensitive information and trade secrets shared between the licensed counselor and therapist and the licensed counselor and therapist practicing as a solo practitioner. It includes strict provisions regarding confidentiality and ensures that confidential information is not disclosed to any third parties. 4. Non-Compete Independent Contractor Agreement — This type of agreement restricts the licensed counselor and therapist from engaging in similar practices or services within a specific geographical area during and after the termination of the collaboration. It aims to prevent the licensed counselor and therapist from directly competing with the licensed counselor and therapist practicing as a solo practitioner. 5. Co-Marketing Independent Contractor Agreement — This agreement allows the licensed counselor and therapist and the licensed counselor and therapist practicing as a solo practitioner to collaborate on marketing efforts. They may agree to share marketing resources, jointly participate in promotional activities, and leverage their combined expertise to attract clients. When entering into any of these independent contractor agreements in Philadelphia, Pennsylvania, it is crucial for both parties to fully understand their rights, responsibilities, and obligations. Seeking legal advice or guidance from a qualified professional is always recommended ensuring that the agreement adequately protects the interests of all parties involved.
