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I plan on hiring an independent contractor tomorrow to do…

I plan on hiring an...
I plan on hiring an independent contractor tomorrow to do some work for me and i want to make sure there is no verbiage in my contract suggesting that I am hiring an employee. Can you please read my contract over for me?
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Customer reply replied 26 days ago
Here's the contract the way it currently is feel free to send me any suggestion edits so i can stray away from employee language
Answered in 14 minutes by:
3/26/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

In my legal opinion, I think that the contract does a good job of identifying the other party as an independent contractor; however, this thing generally reads as a job description as well. I think when you out "key responsibilities" it suggests that it is an employee that the company is hiring and not an independent contractor. Although it's good, it's not as good as it could be.

My recommendation is to take what you have in that document and click here. This is an independent contractor agreement from a legal forms website and I have used it myself in the past. It's useful because the language stipulates that the person is an IC so it would be virtually impossible to persuade a court or a labor and employment judge that this person was an IC. As I mentioned, what you have is good, but I think my recommendation is a bit better. Because the doc is in PDF and because of the limits placed by Just Answer, I can't do any actual edits, but I can give you my general opinion based on my past experience.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 26 days ago
Thanks a lot. If i send you a word document will you be able to help edit? Should I take out the key responsibilities part too. I want to make this as bulletproof as possible!

I wish I could, but because Just Answer prohibits actual representation and because it's in the gray area of representation, I won't be able to. However, I think that if you are going to keep your current doc, please be sure that you are taking out the key responsibilities part and putting something like "contractor's responsibilities" instead.

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That's the thing giving me the most trouble. Did you have other questions for me today?

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Customer reply replied 26 days ago
i think i will be alright. I will take that out and review the independent contractor template you have for me. I think it would be best to pay $10 to use it instead

I concur. How else can I help you today?

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Customer reply replied 26 days ago
I think that's it. I will reach out again if I have any other questions. Thanks again I appreciate it

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
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Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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