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Old 01-30-2008, 05:29 PM
Jon Randolph Jon Randolph is offline
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Join Date: Mar 2007
Location: Indianapolis, Indiana
Posts: 347
Re: need a little help
Usually (at least from the few that I have talked to) this sounds like an employer/employee relationship. You get a small portion of the standard fee with an increased percentage for a person actually asking for you which comes as a referral by others to you. As an employee, you should be covered under his insurance and not have to provide your own. All liability should ultimately fall to him unless gross negligence is involved. He should also provide all equipment needed including the vehicle.

You would usually be required to sign a non-compete clause for maybe up to 2 years, which means that you can not market yourself and compete against him for a period of 2 years after your relationship terminates. This will create quite a bit of hardship on your part should you ever decide to stop working for the man and become "the man".

It would actually be hard to meet the IRS definition as a contractor under the agreement that you described.
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