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Independent Contractor and Work for Hire Agreement

contractor

Why it's important to use an attorney-drafted  independent contractor and work for hire agreement.

An independent contractor and work for hire agreement is used when
a business wants to hire a company or individual from outside their company to perform work and or services for a limited period of time. This company or individual may be hired to provide either specific or a broad range of services for your company for a specified fee.

Simply calling such an individual or company an independent contractor rather than an employee may not change the business relationship. The relationship must be a correct independent contractor relationship under IRS rules.

The last update of our independent contractor and work for hire agreement was completed in May 2008 by a licensed attorney.

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Here are just some of the professionals and workers who can be used
as independent contractors:

  • Drivers
  • Writers
  • Marketing firms
  • Consultants
  • Contractors
  • Physicians
  • Real estate agents
  • Attorneys and CPAs
  • Computer programmers
  • Health care professionals

Using independent contractors can be of great benefit to your company and save a considerable amount of money. However, it is important that you understand and clearly distinguish between an independent contractor and an employee. Some businesses may classify workers as independent contractors when in fact they should be considered and treated as employees. 

Without a professional independent contractor and work for hire agreement you may open your company up to legal and tax liabilities that you had not planned on. Furthermore, you want to make sure you are protecting all copyrights, patents, trade secrets, and other intellectual property arising from the work performed under the agreement.

The IRS has specific guidelines on how to classify both employees and independent contractors. Should your company not classify the worker properly, you could suffer significant tax penalties from the IRS. And it is also possible that a wrong classification could cause added problems and risks to company pension plans and other employee benefits.

Our attorney-drafted 7-page independent contractor and work for hire agreement covers the following topics:

  • Duties of the independent contractor
  • Compensation and payment details
  • Contractor agrees not to disclose information about client
  • Contractor will be responsible for own taxes
  • Contractor possesses the skill to complete the work properly
  • Contractor agrees to be responsible for their own expenses
  • Non-solicitation of client's customers
  • Assignment of products or inventions created by contractor
  • Time deadline to complete work
  • Confidentiality
  • Contractor's warranties

Employment and tax laws are always changing; do not rely on an outdated independent contractor and work for hire agreement. We have one of the finest agreements in the country. We also include additional information from our attorney to further help you with classifying an independent contractor.

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