Understand the Risks and Benefits to this Economically Advantageous Relationship
The Law Office of Wendy Anderson is experienced in evaluating relationships with workers who may be considered independent contractors. An agreement is needed when someone is working for you under limited guidance and control, when they have specialized skills or knowledge, and when they are not primarily dependent on you for their livelihood.
Because of the vast protections our state and federal laws offer to employees, the government will tend to consider the worker an employee in the event of a dispute between the worker and the hiring party. It is important to ensure that the hiring arrangement is clearly documented so that an independent contractor will not be misconstrued as an employee.
Further, with an independent contractor, it is critical to address confidentiality and specify what trade secret or proprietary information they will have, to consider non-solicitation provisions, and to clearly establish who will own the work product that is created.
The penalties for misclassifying a worker can be financially devastating to the hiring party. Understand your risks and take steps to protect your business by working with the Law Office of Wendy Anderson.