In today’s economy it is becoming more frequent to hire independent contracts to perform jobs for the company. Having an strong Independent Contractor Agreement is paramount.
You also want to make sure that the person is classified correctly as an independent contractor. The reason for this is that if the person is wrongly classified, the IRS may access penalty and taxes for failure to pay the employment taxes.
The test for independent contractors is control. Although similarly, the IRS and the State of Florida use different tests in determining who is an independent contractor. Therefore, having a business attorney that is knowledgeable on both tests is important.
Things to think about when drafting an independent contractor agreement is not to exert to much control on the independent contractor. You also want to place provisions regarding the ownership of the work that the independent contractor is creating for you and any confidentiality of the work being done.