Employment Law Questions? Ask an Employment Lawyer.
Thank you for contacting Just Answer. I look forward to assisting you. If you started this question in "chat" mode I may have switched you to "question and answer." I sometimes have technical problems getting "chat" to work for me, plus it's hard to read and write in that mode.
While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.
Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.
I need the following information before I can answer your question:
Does your company currently have any employees? Any independent contractors? (I just want to get an idea of your current knowledge/experience).
Is your company set up as a sole propr., corporation, partnership, or...?
I also have an idea I'll run by you.
I'll look forward to hearing from you,
Jane Doe Deer
Great. Then you know what you're doing. My thought is that you may want to start a second corporation to keep the two businesses separate. If your new venture fails, it won't hurt your successful company.
At JustAnswer we don't have, or review, documents - we provide answers to legal questions. You can obtain the legal contracts you need anywhere on Google or a stationary store, but in my biased opinion, your best bet is to have a business attorney set up a new company complete with contracts (1) between you and the contractors and (2) you and the client.
The situation can be more complicated than you may realize. Here are a few questions that come immediately to mind:
1. What if an IC is sexually harassed at the worksite, and decides to sue YOU and your client?
2. Will you have the IC's site a non-compete agreement, and, if so, will it be legally binding?
3. Similarly, will there be clauses in the two contracts (between you and IC and you and client) about whether the client can hire the person away from you?4. How do each of you terminate the contract in case of default?
5. What if your IC sexually harasses someone at the worksite?
Well, just thought I'd throw in those thoughts. I get the impression that you've got a growing company. If that's the case, get your bases covered right from the start of the game so you don't have problems down the road. As you know, we don't provide attorneys or represent anyone here. Friends, acquaintances, and the various bar associations are the ways I know to find attorneys. I always remind everyone to check references, too, because you're hiring a very expensive employee. (Or, to be precise, IC).
I'm happy to keep on writing. I'm not sure whether or not I've answered your question yet, so be sure to write back if I missed something.Good night,
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