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Arlington Heights Attorneys Aiding Businesses with Independent Contractors

Experienced Business Law Attorneys Serving Cook and DuPage Counties

arlington heights lawyer for independent contractors

Many Illinois businesses employ the services of independent contractors. This is especially true in industries such as construction, where a project can often involve several different parties working together on one job site. Working relationships with third party contractors should always be protected by a written agreement that is prepared (or at least reviewed) by an experienced business law attorney who is looking out for your interests.

At A. Traub & Associates, we have over 15 years of experience representing entrepreneurs and small to medium-sized businesses for a wide range of legal matters. Our attorneys help businesses in areas such as preparing and reviewing contracts, independent contractor agreements, and many others. As a small business ourselves, we deal with these issues on a regular basis in our own practice. We know what small businesses go through, and work hard to craft practical and innovate legal solutions that move your business toward greater success.

Independent Contractors vs. Employees

Before preparing any type of agreement, it is important to determine if the party you are working with is an independent contractor or an employee. Many Illinois businesses make the costly mistake of misclassification of employees as independent contractors. When this happens, employers are often forced to pay overdue Federal and state income taxes, Social Security, Medicare, and unemployment insurance. To discern the difference between the two, you must first ask what degree of control you have over the work being performed.

In general, a worker can be classified as an independent contractor if you only have control over the end result of the work, not what or how the work is done. Some working relationships are pretty clear cut. For example, if a builder hires an electrician to wire a building, it is clearly a subcontractor relationship. On the other hand, if you are a courier company and want to classify your drivers as independent contractors, you must be careful to give them options such as setting their own hours and the ability to turn down work if they choose.

Carefully Worded Independent Contractor Agreements

The work relationship you have with third parties is clearly very important. However, the wording of your written agreement can be just as important. In Illinois, employment is generally at will, meaning either the employer or employee can terminate the work relationship at any time without reason, unless there is an agreement to the contrary. For this reason, it is important to word your independent contractor agreements differently, so in the event of an audit, they do not appear to mirror an employment contract.

Call Our Arlington Heights Business Law Attorneys

Dealing with third parties can be more complicated than it seems. First, you must determine if they are independent contractors or employees. Then you must craft an agreement that is carefully worded, addresses all known eventualities and fully protects your interests. At A. Traub & Associates, we put our experience to work to ensure your agreements with independent contractors are ironclad, thus minimizing the chances of costly legal exposure down the road.

For a personalized consultation with one of our skilled business law attorneys, contact us today. Call 847-749-4182 for our Arlington Heights office or 630-426-0196 for our Lombard office.

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