For something that seems so common (I mean, most businesses do it!), hiring someone sure looks like a complicated process. And that’s because it is! It’s one of the most complicated legal processes you’ll go through as a practice owner.
This GuideBook on Hiring an Independent Contractor was created to walk you through the process of hiring by teaching you what you need to know and do at each step.
You probably already realize that you can hire someone as an employee or you can hire them as an independent contractor. Maybe you’re looking to hire a therapist, or perhaps an intern, or maybe even someone that can just help you around the office with some admin support. Whatever you’re looking to hire for, be careful of hiring them as an independent contractor. It’s the riskiest way to hire!
If you talk to any other business owners, you’ll probably hear the common advice on the street - just hire them as an independent contractor and then you don’t have to set up payroll or do all that paperwork. While it’s true that independent contractors aren’t paid through payroll and you don’t have to do all the government paperwork for them, there are some serious risks to hiring someone as an independent contractor.
First, there are the rules for who qualifies to be an independent contractor. Not everyone can be hired this way. How do you find those rules? They’re buried in state and federal cases, laws, statutes, regulations - from all different government agencies. You can’t find them all in one place.
Second, it’s going to come down to the characteristics of the actual human you hire. How are you supposed to make that decision? Just saying that you have a therapist position that you’ll be hiring as an independent contractor isn’t enough. It’s the structure of the position + the human you hire that will make the determination.
Third, how you hire and how you interact will be very different for independent contractors. Do you understand those differences? While that street advice has a point, there are still forms you have to submit and steps you need to take when you hire an independent contractor. It’s not like you can just say, “Hey, show up tomorrow and start working.” You have to do the required steps.
And Last, if you get it wrong it will likely be very costly and a very difficult period of time for you. What happens if you get it wrong? The government decides if you’ve done it wrong, so it will depend on the particular agency you’re dealing with. You may be required to pay back taxes, back unemployment, back overtime pay, back benefits - and you will very likely have to pay penalties and fines. If it’s really bad you could even be charged with a criminal offense.
But also, it’s hard to figure out how to do it the right way, isn’t it? It can seem like all that good, necessary information is hiding behind the doors of a law firm. At $500 per hour, getting that information can become very expensive! It adds up quickly.
I’ve spoken to too many frustrated and stressed business owners to think that the law is accessible to everyone. It is not. (This is a mission for me, you can read more about that here.)
As an educated professional, you know that there are rules to follow. You know you can’t simply ignore them and pretend you don’t need to know them.
You want to do it the right way, but there’s a feeling of insecurity because you are never sure you are following all the rules. Do you even know all the rules?
If you could have a resource that would teach you all the rules and walk you through the steps of the process, would you want it? Do you want to feel more secure and relaxed in how you do things in your practice? Do you want the clarity of knowing the rules to follow?
If so, this GuideBook will make you breathe a sigh of relief! Designed specifically for mental health counseling practices, it covers the details you need to know for hiring an independent contractor - whether as a therapist, intern or office staff.
This GuideBook has as much information and as many resources as I could think to include. After spending 20+ years advising small business owners, I know the legal questions you have.
But you’re not just a regular business owner. You are an educated professional with rules of ethics you must follow, and that adds another layer to it all. That’s why I put it all in here! This GuideBook covers legal rules and ethical rules in hiring an independent contractor.
Here’s the materials included in this GuideBook: (You receive instant access to all materials.)
Introduction Video - How to use this GuideBook
Step 1: Determine Your Needs
Guided Instructions
Worker Needs Assessment Tool (Download)
Step 2: Worker Classification
Guided Instructions
Video Training on Classification
Worker Classification Assessment Scale (Download)
Step 3: Design the Position
Guided Instructions
Contractor Cheatsheet (Download)
Step 4: Find Your Person
Guided Instructions
Step 5: Engage Your Contractor
Guided Instructions
Engagement Checklist (Download)
Template for Policies (Download)
IRS Form (Download)
State Reporting Information (Download)
Contractor Information Form (Download)
Equipment Checklist (Download)
Step 6: Manage Your Contractor
Guided Instructions
Management Checklist (Download)
Video Training on Contractor Management
Step 7: Contractor Termination
Guided Instructions
Termination Checklist (Download)
Video Training on Contractor Termination
Information in our GuideBooks is for general informational and educational purposes only. Nothing in the Guidebooks should be taken as specific legal advice for your individual situation. Purchase and/or viewing of the Guidebooks does not create an attorney-client relationship. The information in the Guidebooks was created or curated by Laurie Lee, who is a Florida licensed attorney.
While we try to update the information in the GuideBooks on a regular basis, the law can change quickly and therefore, the information in the GuideBooks may not always be up to date. It is important that you seek professional advice for a specific issue or question. Some information in the GuideBooks may be financial in nature. It is important that you have a licensed CPA and/or licensed financial advisor assist you with your specific financial situation or decisions.
The Guidebooks are intended to educate you about the issues and help you identify what to discuss with your individual professional advisors. They are not intended to be a substitute for professional legal or financial advice. We do not make any representations or warranties about your use of, or results after obtaining, the information contained in any of the GuideBooks.
You must use your own judgment and discernment in using the information provided in the GuideBooks, all of which is done at your own risk. You assume the responsibility for conducting due diligence and a risk assessment with making your own business decisions. If any of the GuideBooks contain links to third-party sites, such links are only for your convenience. We cannot recommend or endorse the contents of any third-party sites.
There are no refunds for the purchase of this GuideBook.