Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
I would be happy to review whatever you write and make suggestions. But, I can't draft a letter for you from scratch. The amount of time necessary would require me to charge my regular billing rate ($350 per hour).
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
They specialize in training students in the United States auto industry. Their founder, who also serves as the CEO, would like to retain most ot the ownership and control of the company, because it is really his neterprise. He also has some concerns about the independent contractor agreement their instuctors must sing when they agree to work for the company. He wants to be sure they are not construed as employees of the company and are viewed as true independent contractor.
Most of the company's income is from online training courses. They have reeceived a U.S. Department of Labor retraining grant for the instruction they are currently providing. They grant is awarded only to nonprofit educational organizations. They realize this was a one-time grant. They must make their income from tuition for online courses and in the two classrooms in which they teach traditional courses. This is why they are not opposed to changing their form of business from a nonprofit organization to a for- profit buisness.
The contract they jprovide to their instructors was not well designed and may not comply with the legal requirements for a valid independent contractor agreement.