From Veneable.com, a website with articles focusing on nonprofit law, comes this excellent list of items to have in an agreement with an independent contractor.
Many homeschool organizations hire independent contractors to teach a class or offer a service, so having a good, strong IC agreement is important.
I included a sample independent contractor agreement in my book Money Management in a Homeschool Organization. I might need to tweak it and include some of these provisions.
I hope you find this list helpful.
Preparing Strong Independent Contractor Agreements
“Must-haves”:
–Written agreement signed by both parties
–Clearly defined scope of work
–Worker decides how the work is to be performed
–Require invoicing and, if practicable, fixed-fee-type payments
–Clearly defined and, if practicable, limited termination rights
–Clear statement of independent contractor status and ineligibility for benefits
“Like-to-haves”:
–Limited training or instruction required
–Worker decides when and where work is to be performed or works off-site
–Worker provides own tools, equipment, staff
–Worker has freedom to contract with others for his or her services
–Compensation should not resemble a salary
–Termination only for nonperformance/breach of contract
–Avoid circumstances where contractor position is identical to those of W-2 employees
Source: https://www.venable.com/files/Event/624c3096-6e46-4d2c-8fdc-a674c30ad5f0/Presentation/EventAttachment/48ae10be-17a8-426b-af57-5124c79aab61/Focus_on_Nonprofit_Employee_Misclassification_slides-06-16-15.pdf
Carol Topp, CPA
