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Allen M., Esq.
Allen M., Esq., Employment Lawyer
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If I have a contractual agreement with a company and I use

Resolved Question:

If I have a contractual agreement with a company and I use independent contractors to fulfill that obligation are the independent contractors also held to the contractual agreement I signed with the company? Would they still be considered independent contractors or employees?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

No, the independent contractors are not held to the contractual agreement that you may have with anyone else. They are only held to their agreement with you, whatever that may be.

 

Your contracts with other companies have no bearing on whether or not the people working with you are contractors or employees. That is a matter of the relationship between you and them, and the control that you exert over what they do and when they do it.

 

In fact, if you pass control of the IC's from yourself to the company that has a contract with you, you essentially lessen the control that you have over those individuals, keeping them closer to IC's than employees.

Customer: replied 1 year ago.


The agreement I have with the company includes copyright/trademark guidelines. Do I need to state those same guidelines in my contract with IC?

Expert:  Allen M., Esq. replied 1 year ago.
Yes, it would be wise to inform your IC's that they will be working with copyright/trademark issues that must be respected.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 16088
Experience: Employment/Labor Law Litigation
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Allen M., Esq.
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