Can an independent contractor agreement be modified after it has been signed?

While the basic structure and framework of a consulting agreement and an independent contractor agreement are very similar, the primary difference is in what services the consultant provides. In a consulting agreement, the consultant is providing their advice for a fee. The guidance will be in the field of their expertise and, usually, includes evaluating an aspect of your business and making suggestions regarding what to do next. An independent contractor, on the other hand, will actually perform the work. The difference is not always a bright line and will vary depending on the circumstances. In some cases, a service provider will evaluate, recommend, and then perform. In that case, they are acting as a consultant first and then an independent contractor. It is also important to properly consider the differences between an independent contractor and an employee.

This is an important distinction and has both financial and legal implications. Independent contractors do not get overtime, benefits or workers compensation and thus are generally cheaper to hire and easier to fire than an employee who does get these benefits. The IRS and Department of Labor use multi-factor tests examining control, financial aspects, and the relationship's nature—key indicators include whether you provide tools/equipment, set specific hours, integrate the worker into your business operations, or maintain an ongoing relationship versus project-based work. Given the complexity and high stakes of worker classification in the tech industry, where the line between employee and contractor is frequently blurred, I strongly recommend consulting with an employment attorney who can review your specific situation and help establish proper classification procedures. Additionally, consider having workers sign clear agreements that reflect their true working relationship and maintain documentation supporting your classification decisions.

Hello! My name is Damien Bosco. My law office is in Long Island City, across from Manhattan. Some key provisions of an independent contract agreement include the scope of work and the payment terms. An important provision discusses intellectual property rights. Define who owns any work product, intellectual property, or inventions created during the contract. Consider whether you want to retain rights to your pre-existing work or methodologies. There are other provisions also such as Non-Compete and Non-Solicitation Clauses. You may want an attorney to review your full Agreement to suggest additions or edits. Feel free to reach out with any more questions!

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!

The terms that you write in an independent contractor agreement should, first and foremost, protect you/your business and give you the advantage in the relationship, if possible. While some such contracts may have an end date, that's not mandatory; but be sure to give yourself/your business the right to terminate the contract when you want to, without cause. Leave it to the contractor to negotiate better terms than you propose, on behalf of the contractor - that is not your job. I recommend that each of you use your own attorney to review the agreement prior to signing. And, by the way, ContractsCounsel.com has numerous documents available for purchase, and it's very likely they offer a boilerplate of this type of contract, vetted by WA State attorneys.