July 23, 2007

Independent Contractor questions answered

1.  If I get paid a salary, am I an independent contractor?  No.  A salary is paid to an employee.  If you are an IC, you can (1) pay rent, or (2) pay a percentage of your collections to the other doctor.   If the doctor is paying you, it’s possible you can still be an independent contractor if

a.  You can do your own marketing and bring in your own patients, in addition to those you see for the other doctor

b.  You can control over how you practice.

Q:  If the doctor sets my hours, am I an Independent Contractor?

A:  IYes. if you agree to those hours, and you are free to either work additional hours or you are free to work in other chiropractic offices outside those hours. 

Q: Do I have to sign a non-compete if I’m an Independent Contractor?

A:  No, you should not have to sign a non-compete, since you’re independent and you can go where you want.  You most likely will have to sign (1) a non-solicit, agreeing not to steal the doctor’s staff or his/her patients, and (2) a non-disclosure/confidentiality agreement, in which you agree not to disclose any of the doctor’s proprietary information (like office procedures, how much the doctor grosses, special forms, etc.)

Read more about this subject in Planning for Practice Success. 

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