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?
San Antonio, Texas, Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner Keywords: San Antonio, Texas, Independent Contractor Agreement, Licensed Counselor, Therapist, Solo Practitioner. Description: A San Antonio, Texas, Independent Contractor Agreement is a legal document that establishes the terms and conditions between a licensed counselor and therapist who practices as a solo practitioner. This agreement outlines the professional relationship, responsibilities, and obligations of both parties involved in providing counseling services within the city of San Antonio. 1. Standard San Antonio, Texas, Independent Contractor Agreement: This type of agreement establishes a general framework for an independent contractor relationship between a licensed counselor and therapist. It covers essential aspects such as the nature of the services provided, payment terms, termination conditions, and confidentiality agreements. 2. Fee-for-Service San Antonio, Texas, Independent Contractor Agreement: This agreement focuses specifically on fee-for-service arrangements, where the therapist is paid a predetermined fee for each counseling session provided. It may include additional clauses regarding payment collection, financial arrangement, and handling insurance claims. 3. Collaborative San Antonio, Texas, Independent Contractor Agreement: This agreement is designed for licensed counselors and therapists who wish to collaborate on specific client cases or projects. It outlines the terms of collaboration, shared responsibilities, and the division of fees and costs. 4. Telehealth San Antonio, Texas, Independent Contractor Agreement: With the rise of telehealth services, this agreement caters to licensed counselors and therapists providing counseling services remotely. It covers specific considerations related to telecommunication technology, privacy, and fulfilling legal and ethical obligations while delivering services through virtual platforms. 5. Group Practice San Antonio, Texas, Independent Contractor Agreement: This type of agreement is suitable for licensed counselors and therapists who join a larger group practice and operate as independent contractors within the established practice setting. It outlines the group practice's policies, schedules, fee splitting, and other relevant details. In conclusion, San Antonio, Texas, Independent Contractor Agreements are essential legal documents that ensure a clear understanding between licensed counselors and therapists practicing as solo practitioners or in collaboration with others. These agreements help establish a professional framework, outline duties and responsibilities, and protect the rights of both parties involved in providing counseling services within San Antonio, Texas.
