An independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their 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.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. No one factor is controlling, and the characterization of the relationship by the parties is also not controlling.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees. Whether or not such control was exercised is not the determining factor, it is the right to control which is key.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Cuyahoga Ohio Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal contract that outlines the terms and conditions between a real estate salesman and a real estate loan broker in Cuyahoga County, Ohio. This agreement governs the relationship and responsibilities of the independent contractor in assisting the broker with real estate sales and loans. Keywords: Cuyahoga Ohio, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, responsibilities, Cuyahoga County. The agreement typically includes the following key provisions: 1. Parties involved: Clearly states the names and addresses of the real estate salesman (independent contractor) and the real estate loan broker. 2. Services rendered: Specifies the scope of services that the real estate salesman will provide, such as listing properties, marketing, showing properties, negotiating contracts, and assisting with loan applications. 3. Compensation: Outlines how the real estate salesman will be compensated for their services, whether it is a commission-based structure, a flat fee, or a combination of both. It may also include details on how expenses will be reimbursed. 4. Independent contractor relationship: Describes the independent contractor status of the real estate salesman, clarifying that they are not an employee of the broker and are responsible for their own taxes and insurance. 5. Duration and termination: Specifies the length of the agreement and the conditions under which either party can terminate it. This section may also outline any notice periods required. 6. Confidentiality and non-disclosure: Includes provisions to protect any confidential information shared by the broker or obtained during the course of the agreement, ensuring it is not disclosed to third parties. 7. Non-compete and non-solicitation: May include restrictions on the real estate salesman's ability to compete with the broker's business or solicit clients for a certain period after the termination of the agreement. Additional Types of Cuyahoga Ohio Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers: 1. Exclusive Sales Agreement: This type of agreement may outline that the real estate salesman exclusively works with one specific real estate loan broker. 2. Non-Exclusive Sales Agreement: This type of agreement allows the real estate salesman to work with multiple real estate loan brokers simultaneously. 3. Commission Split Agreement: In some cases, the real estate salesman may have a different commission split arrangement depending on the type of property being sold or loan being brokered. In conclusion, a Cuyahoga Ohio Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a crucial document that establishes the legal relationship between a real estate salesman and a real estate loan broker in Cuyahoga County. It defines the terms of the agreement, sets out the responsibilities, and protects the interests of both parties involved.Cuyahoga Ohio Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal contract that outlines the terms and conditions between a real estate salesman and a real estate loan broker in Cuyahoga County, Ohio. This agreement governs the relationship and responsibilities of the independent contractor in assisting the broker with real estate sales and loans. Keywords: Cuyahoga Ohio, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, responsibilities, Cuyahoga County. The agreement typically includes the following key provisions: 1. Parties involved: Clearly states the names and addresses of the real estate salesman (independent contractor) and the real estate loan broker. 2. Services rendered: Specifies the scope of services that the real estate salesman will provide, such as listing properties, marketing, showing properties, negotiating contracts, and assisting with loan applications. 3. Compensation: Outlines how the real estate salesman will be compensated for their services, whether it is a commission-based structure, a flat fee, or a combination of both. It may also include details on how expenses will be reimbursed. 4. Independent contractor relationship: Describes the independent contractor status of the real estate salesman, clarifying that they are not an employee of the broker and are responsible for their own taxes and insurance. 5. Duration and termination: Specifies the length of the agreement and the conditions under which either party can terminate it. This section may also outline any notice periods required. 6. Confidentiality and non-disclosure: Includes provisions to protect any confidential information shared by the broker or obtained during the course of the agreement, ensuring it is not disclosed to third parties. 7. Non-compete and non-solicitation: May include restrictions on the real estate salesman's ability to compete with the broker's business or solicit clients for a certain period after the termination of the agreement. Additional Types of Cuyahoga Ohio Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers: 1. Exclusive Sales Agreement: This type of agreement may outline that the real estate salesman exclusively works with one specific real estate loan broker. 2. Non-Exclusive Sales Agreement: This type of agreement allows the real estate salesman to work with multiple real estate loan brokers simultaneously. 3. Commission Split Agreement: In some cases, the real estate salesman may have a different commission split arrangement depending on the type of property being sold or loan being brokered. In conclusion, a Cuyahoga Ohio Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a crucial document that establishes the legal relationship between a real estate salesman and a real estate loan broker in Cuyahoga County. It defines the terms of the agreement, sets out the responsibilities, and protects the interests of both parties involved.
