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Employment

Independent Contractor Agreement

California

Asked on Jun 30, 2022

How to make a contract to keep IC status ? We are getting audited by SF. Thank you!!

I just changed to independent contractor last year after all my dental friends advised me to do so. Now the office I work at is being audited so I’m wondering what I need to do in order to keep the IC? Thank you !

1 Attorney answer

Answer

Employment

California

Answered 86 days ago

Gregory B.

ContractsCounsel verified

Business Lawyer
Licensed in California
Free Consultation

In general, contract terms can make someone an employee, but cannot ensure independent contractor status. Essentially, the contract can set out IC terms, but if those terms are not followed in practice, the contract itself can't fix that. Under California AB, there is an exemption for dentists from the strict "ABC" test, but dentists will still need to meet a number of other requirements that are often, in practice, difficult to meet. For example, they would have to be "open to the public" and actually performing the same of similar services for others - so working for a single dental office typically will not pass the test!

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