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 Jose, California Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner Description: The San Jose, California Independent Contractor Agreement is a legally binding contract between a licensed counselor and therapist and another licensed counselor and therapist practicing as a solo practitioner. This agreement outlines the terms and conditions under which the independent contractor will provide counseling and therapy services to the solo practitioner's clients. Keywords: San Jose, California, Independent Contractor Agreement, licensed counselor, therapist, solo practitioner, counseling, therapy services, clients. Types of San Jose, California Independent Contractor Agreements Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: 1. Fee Structure Agreement: This type of agreement outlines the payment structure between the licensed counselor and therapist and the solo practitioner. It includes details such as the percentage of revenue the independent contractor will receive from each client session or a fixed fee for their services. 2. Confidentiality Agreement: This agreement specifically focuses on the confidentiality obligations of both the licensed counselor and therapist and the solo practitioner. It ensures that client information remains strictly confidential and that both parties adhere to legal and ethical standards. 3. Non-Compete Agreement: A non-compete agreement restricts the licensed counselor and therapist from engaging in competitive activities that may harm the solo practitioner's practice. It establishes boundaries and prevents conflicts of interest between the two parties. 4. Termination Agreement: This agreement identifies the circumstances under which the independent contractor agreement can be terminated by either party. It typically includes written notice requirements, a period of transition, and any post-termination obligations that need to be fulfilled. 5. Liability and Insurance Agreement: In this type of agreement, the licensed counselor and therapist and the solo practitioner define their respective responsibilities and agree on who carries liability insurance for potential client claims. It ensures protection for both parties in case of legal or professional issues. 6. Intellectual Property Agreement: This agreement addresses intellectual property rights, ownership, and potential dissemination of original work, research, or materials created by the licensed counselor and therapist and the solo practitioner during their collaboration. 7. Scope of Services Agreement: This agreement clearly outlines the specific counseling and therapy services that the independent contractor will be providing to the solo practitioner's clients. It helps set expectations and ensures both parties are aware of the limitations and extent of their professional arrangement. Remember to consult a legal professional before entering into any independent contractor agreement to ensure it aligns with applicable laws and regulations in San Jose, California.
