Minimising Risk: Contractor or Employee?

3 Lessons None

About this course

Are you looking at engaging an associate as a contractor but concerned about the risk? You are right to be concerned. Read below for guidance on how to ensure your contractor is not regarded as an employee.

Engaging associates or other professionals to work within your practice is a smart way to increase the variety and availability of services provided by your practice, especially when you are seeking to grow your patient /client base but do not wish to assume employer responsibilities . In most cases, contractors bear their own liability for diagnosis and treatment decisions, and any other actions or services provided (or not provided) in connection with the patient/client. The problem is that often at the time a dispute arises, the contractor alleges he/she was actually an employee, regardless of a contract to the contrary, and in many cases the law agrees.

There are serious consequences for employers who hire contractors but engage with them as employees of the practice. The issue is usually determined by assessing the relationship and conduct of the parties, rather than looking at the contract alone. To limit the risk of being regarded as an employer of your contractor, you must be able to demonstrate your intentions, communications, contracts and actions are consistent with a contractor arrangement.

Course Structure

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How to Limit Your Risk

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