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Melanie owns a wine bar and wants to hire Beth, a marketing professional, as an
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Melanie owns a wine bar and wants to hire Beth, a marketing professional, as an independent contractor to help Melanie advertise her new business. Because Melanie comes from a family of attorneys, she knows the importance of a written agreement and publishs the following document:
INDEPENDENT CONTRACTOR AGREEMENT
________________________ (hereinafter “Independent Contractor”) agrees to provide services to “Passing the Bar” (hereinafter “Employer”) as an independent contractor. These services will include creating advertisements, determining how to disseminate the advertisements, and working on any and all other tasks that might be assigned. Independent Contractor agrees to respond to requests for his/her services in a timely fashion but no later than one business day after the request is made. Independent Contractor realizes that s/he is free to work for other companies but must receive prior written consent from Employer. Independent Contractor agrees that s/he will be paid at the rate of $20.00/hour for all time spent performing services under this Agreement.
Do you see any problems with this agreement? If so, what are they and how would you revise? Will the agreement guarantee that the hired individual will be an independent contractor? What are the general risks associated with the improper classification of workers?
What if Melanie engaged Beth by setting her up with the same terms and conditions as in the independent contractor agreement but instead engages U Indemnify Staffing Co. who will “employ” Beth and provide her with paychecks?
Please provide your response and then comment on postings by at least one of your classmates.
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