Independent Contractor Agreement

[RandyHilburn]

Can somebody email me with a copy of an Independent Contractor Agreement document/form? - Thanks!

 

[vegijohn]

I think you might be trying to classify an employee as an independent contractor: check the IRS website to see if the way you are dealing with this person is truly an independent contractor-- If not you could be responsible for back taxes and penalties.

 

[duckster]

If you provide a place to work, tools to do the job, make requirements of how the work is to be done ... the employee is NOT a contract employee and you could be liable in a lawsuit brought on by the employee, state or your customer.

If he/she has their own equipment and van, is not required to do anything from your place, can where his/her own choice of clothes and can decide as a pro how to proceed with the cleaning process you do have a contact employee and should require that the individual provides you with proof of insurance for vehicle, liability and workmans comp. They also pay for their own chemicals.

If you really want a form have a real attorney advise you and draw up the contract and policies relative to it.

 

[RandyHilburn]

Thanks Mike.

About 9 months ago, we subcontracted some upholstery work to another cc company and then sent out a 1099 last week. On Monday, I got a phone call from the guy who wants to now claim that he was an employee of our company because we had a discussion regarding chemicals and the concerns of the client.

I'm aware of the 20 common law rules that the IRS looks at to determine whether a worker is a contractor or an employee. We followed them.

However, our company's compliance with the rules does not stop a unscrupulous subcontractor from retroactively changing the facts (or trying to misconstrue a conversation between two carpet guys) at a later date. This is where the requested Independent Contractor Agreement form would have better protected us.

It was our attorney that recommended that we have future subcontractors sign a written agreement attesting that s/he is an independent contractor, that they understand their tax responsibility, etc. He can certainly put it together (for a price) but if someone already has a time tested document, I would like to take a look. Thanks

 

[duckster]

Copy of independent contractor form that I have has been emailed to you. It is sent without recommendations, simply a document I have had for 2 years of which origin I cannot attest to.

That said, caveat emptor.

And to CYA, document every conversation you have with a contactor. Date, time, what was brought up by either party.

Also, he said he said. He would have to PROVE you had that discussion in court and you simply deny it. Just a thought from watching People's Court.

Anyway, hope my email helps.