An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
A Washington Contract for a Specific Period of Time between a Veterinarian and an Assistant who is also a Licensed Veterinarian is a legal agreement that outlines the terms and conditions of the professional relationship between the two parties. This type of contract is commonly used in veterinary clinics and hospitals in Washington state to ensure mutual understanding and compliance with laws and regulations governing the veterinary profession. The key elements that should be included in this contract are: 1. Parties involved: Clearly state the full names and contact information of both the Veterinarian and Assistant who is also a Licensed Veterinarian. 2. Term of the contract: Specify the exact duration for which the contract is valid. This can range from a few months to a couple of years, depending on the agreement reached between the parties. 3. Scope of work: Clearly define the duties and responsibilities of both the Veterinarian and Assistant. This may include tasks such as conducting physical exams, diagnosing and treating animals, performing surgical procedures, administering medication, maintaining medical records, and communicating with clients. 4. Compensation: Specify the salary or hourly rate that the Assistant will receive for their services, as well as any additional benefits or bonuses that may be provided. Also, mention the payment schedule, whether it is weekly, biweekly, or monthly. 5. Work schedule: Include the working hours, days off, and any additional details regarding on-call duties or emergency coverage. This ensures that both parties are aware of their obligations and availability. 6. Termination clause: Specify the conditions under which either party can terminate the contract before the agreed duration. Include details on notice periods and any potential consequences for early termination. 7. Confidentiality and non-compete agreements: Address the need for the Assistant to maintain the confidentiality of patient records, clinic operations, and any proprietary information. Additionally, consider including a non-compete clause to prevent the Assistant from working at a competing veterinary clinic during and after the contract term. Different types of Washington Contracts for Specific Period of Time between a Veterinarian and an Assistant who is also a Licensed Veterinarian may vary depending on the specific circumstances or veterinary specialty. For example: 1. General Practice Agreement: This contract is suitable for a veterinarian working in a general veterinary clinic or hospital where a licensed veterinarian is employed as an assistant to provide additional support or coverage. 2. Specialty Practice Agreement: This contract caters to specific veterinary specialties, such as orthopedics, ophthalmology, or dermatology, where a licensed veterinarian is hired to assist the specialist in performing specialized procedures or treatments. 3. Locum Teens Agreement: This type of contract is applicable when a licensed veterinarian is hired on a temporary basis to fill in for another veterinarian who is on vacation, leave, or attending a conference. It is essential for both the Veterinarian and Assistant to carefully review and understand the terms of the contract before signing it to ensure a mutually beneficial and legally binding agreement. It may also be advisable to consult with an attorney specializing in employment or contract law to ensure compliance with all relevant laws and regulations in Washington state.
