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?
Phoenix, Arizona Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: In Phoenix, Arizona, independent contractor agreements between licensed counselors and therapists and those practicing as solo practitioners ensure a clear understanding and professional relationship between parties. These agreements outline the terms, responsibilities, and expectations for both the independent contractor and the solo practitioner. It is crucial to have a legally binding agreement in place to avoid any misunderstandings or conflicts. Keywords: Phoenix, Arizona, independent contractor agreement, licensed counselor, therapist, solo practitioner, terms, responsibilities, expectations, legally binding, conflicts. There may be different types or variations of independent contractor agreements between licensed counselors and therapists and those practicing as solo practitioners in Phoenix, Arizona. Some possible variations include: 1. Basic Independent Contractor Agreement: This agreement establishes the basic terms and conditions that apply to all licensed counselors and therapists practicing as solo practitioners in Phoenix, Arizona. It sets out general obligations, compensation arrangements, and confidentiality requirements. 2. Exclusive Independent Contractor Agreement: This type of agreement may be used when a licensed counselor or therapist exclusively contracts their services to one specific solo practitioner in Phoenix, Arizona. It clarifies the exclusivity terms, expectations, and potential consequences for breaches of exclusivity. 3. Non-Exclusive Independent Contractor Agreement: This agreement allows licensed counselors and therapists practicing as solo practitioners in Phoenix, Arizona to contract their services to multiple solo practitioners simultaneously. It outlines the non-exclusive nature of the agreement, compensation arrangements, and conflicts of interest provisions. 4. Modified Independent Contractor Agreement: Licensed counselors and therapists may negotiate specific modifications or additions to the standard independent contractor agreement. These modifications can accommodate unique circumstances, such as flexible scheduling, payment structures, or additional services provided. 5. Renewal or Extension Agreement: This type of agreement is used when licensed counselors and therapists and solo practitioners have an existing independent contractor agreement that is set to expire. The renewal or extension agreement outlines the continuation of the professional relationship, including any new terms or changes required. Keywords: variations, basic, exclusive, non-exclusive, modified, renewal, extension, terms, conditions, obligations, compensation, confidentiality, exclusivity, conflicts of interest. In conclusion, a Phoenix, Arizona Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a vital document to establish a clear and professional relationship. Different variations may exist based on exclusivity, non-exclusivity, modifications, or renewal/extension requirements. These agreements protect the rights and obligations of all parties involved and ensure a smooth and productive working relationship.
