Re: Indepenent Contractor questions

Subject: Re: Indepenent Contractor questions
From: Andrew Plato <intrepid_es -at- yahoo -dot- com>
To: Techwrl-l <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Sat, 11 Mar 2000 18:56:05 -0800 (PST)

> I am currently working as a TW for a company through a temporary services
> agency. My boss and I have agreed to discontinue the relationship with the
> temp agency soon. Then the client will hire me as an independent contractor
> through my business.

Make sure to clear this situation with the agency where you currently work.
Most agencies will not allow you to contract independently with a client unless
the client pays a "release fee." If you or your client are trying to flank the
agency - you could be in big trouble.

The client undoubt ly has a contract with the agency as well. You could get
your client and yourself into a lot of legal trouble if you strike a deal
"under the table." Agencies sue people and companies over these situations all
the time.

And it does not matter that you are doing this through your own business. Even
if you are a legal entity S corp, as owner you are still liable for the
existing contract and you can still be sued.

> Based on discussions on this list and other research I
> have a good idea of how much to charge per hour. Most of the time I will be
> working on-site. I may do some work in my home office. My questions are
> about a contract and setting my hours.

You should charge by the hour, don't charge overtime. And you absolutely must
have a contract with the client that states what you are doing and the nature
of the relationship. You should see a lawyer or locate an agency that will
carry a contract for you. Never work with out a contract, even if the people
are your friends. It's just bad business.

Most contracts either state a deliverable or a end-date. 3 month contracts are
industry standard if a specific end-date or deliverable is not determined. An
ideal contract includes a "statement of work" that details exactly what you
will do for the client (docs you'll write, tools you'll use, etc.)

Again, you should see a lawyer before you continue.

What you charge is up to you.

Andrew Plato
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