An Independent Employment Agreement is a contract between an independent employee and a business. The agreement states the duties, responsibilities and liabilities of each with respect to the independent employee's employment with the business. Typically, the business is not liable for any type of benefits for the independent employee and the independent employee is not required to work for the employer for a specific period of time.
An independent contractor is not an agent of the person he is contracting with. An agent or an employee is different from an independent contractor. A principal or employer has control over an agent or employee, but not over an independent contractor. A principal or employer does not have control over the work performance of an independent contractor. A principal or employer is not bound by the actions of an independent contractor.
The following is a form of Staffing Agreement between independent contractors. It is important to note that there is no magic formula to avoid the legal risks that are inherent in an employee arrangement like this. As a result, this form of agreement should be viewed solely as resolving the arrangement as between the contracting parties. In other words, no court will be bound by the provisions set forth in any such agreement, and the facts and circumstances in any given case may dictate that a court expressly disregard the parties' attempt to disavow joint employer status.
