As an independent contractor, you have the freedom to determine where, when and how a project will be completed. Remember that your clients don`t run your work. If this is the case, you will be an employee and not an independent contractor. Regardless of this, the Tribunal concluded that the underlying allegation of breach of the lease is «directly» part of the exclusion from the contract, since it explicitly claims «breach of a contract or agreement». In applying the plain language of the exclusion, the Tribunal rejected the company`s argument that the exclusion should not apply because independent contractors would not be entitled to the royalties that the company would have withheld under the lease. The Tribunal explained that this allegation, which concerned the merits of the contractor`s request, was not relevant to the analysis of the recording, since the proper investigation consists in determining whether the facts have, as alleged, triggered the exclusion from the contract. Proof that the employer has taken away your freedom to choose your own job or project is another way to challenge an independent contractor contract. Let`s look at Georgia Lopez v. El Palmar Taxi, Inc. In this case, the Tribunal upheld a preliminary proceeding`s decision that the person was in fact an independent contractor.
Among the factors that influenced the court`s decision was the fact that the party could work wherever it wished and that it was free to accept or refuse the work offered to it by the employer. If there is a written agreement, one of the first things I ask the client is whether there is a written agreement between the independent contractor and the company. If so, I ask the client to send it to me for legal verification. I carefully evaluate it ed anyone`s «termination» provisions. The IRS explains here the difference between an employee and an independent contractor. 11. The Contractor shall exempt the Company, its subsidiaries, related enterprises, senior officers, employees, contractors and representatives from any claim or loss (including reasonable defense and attorneys` fees) of any kind resulting from the provision of services by the Contractor or the breach of the terms of this Agreement. The Contractor also exempts the Company from (a) any claim arising from any tax authority or other authority in connection with the services and/or indemnities provided under this Agreement, (b) from any right or liability of any kind arising out of costs, fees or expenses related to the provision of services to the Company, equipment, materials, training, training, licenses or certifications, indemnities and/or benefits to the Contractor; and (c) any claim or obligation of any kind arising out of Contractor`s failure to comply with any federal, state, regional, municipal or other laws, regulations, codes or requirements, including, but not limited to, all applicable safety laws. . . .