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Independent Contractor Agreements

San Francisco lawyers for Independent Contractor Agreements in California

An independent contractor agreement in California is one where a person contracts with another to do a particular piece of work by his own methods and under his own control. Hence, an independent contractor is not per se an employee. In a typical employer-employee relationship, the employer has more control or supervision over an employee’s work; an independent contractor usually has an advanced skill for the services he performs for the “employer.” Another indicator that differentiates an employee from an independent contractor is that the former usually uses the company’s equipment to perform services, while the latter typically has his own.

The Zurada Law Group’s independent contractor agreement lawyers in San Francisco are well experienced in drafting Independent Contractor Agreements that clearly spell out the terms of the agreement, to wit: the scope of the services to be performed by the independent contractor; warranties by the independent contractor on the quality of services; a work-for-hire provision that the independent contractor’s work product is owned by the company contracting the services under copyright laws; confidentiality about a company’s proprietary information that may be known by the independent contractor in the performance of services; and payment and reporting terms, among others.

Independent Contractor Agreement Lawyers in California Bay Area

Obviously, such an agreement benefits an independent contractor in the sense that he has more control over his work. For a business, what is the significance of an Independent Contractor Agreement compared to simply hiring a professional as its employee?

The answer to this question leads us to look into the tenets of agency law. An agency is a legal relationship where a person authorizes another to do something on his own behalf; corollary to this, an act of an agent is binding on the principal as if the principal himself performed the action when the agent’s action was within the scope of authority delegated upon him by the principal.

Applying these tenets to a typical employer-employee relationship means that an employee’s actions, if done within the scope of employment, are binding on the employer as if the employer performed the action. Hence, if the employee performs an act within the scope of employment, which results in liabilities to third parties, the employer may be held liable—and this principle is also known in legal terms as Respondeat superior.

The significance, then, of an Independent Contractor Agreement to a business is that it effectively limits potential liabilities of the company from independent contractor actions resulting in third party liabilities.

For a FREE initial consultation about Independent Contractor Agreements, you may contact the Zurada Law Group’s independent contractor agreement lawyers in San Francisco, California at 415-637-8483 or fill out the Free Consultation space on this website

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