My business name or theirs?

[inspike]

I've been working at a chiropractor's office for about a month now. The set up has all been verbal. 60/40 split my way and that covers my use of the room. His staff makes the appointments. The chiropractor has his logo on all of the forms. He originally wanted to order me shirts to wear with his logo on them. Just this week appointment cards came in under his practice name with a blank line to write in a therapist's name.

The thing is, I'm really my own entity with my own company name. I met with an accountant today who told me that it would be best for me to get my business name on any forms I use and business cards I hand out, etc. I've already convinced the chiropractor to not do the shirts and I'll wear scrubs instead. I just don't know exactly how to discuss the rest of this with him. I'm still new to the whole being my own boss thing and not so confident yet. Any feedback is greatly appreciated.

 

[MHMcHH <F2>]

The part that has me worried is "the set up has all been verbal".

Take it from someone who has been there - done that - PUT IT IN WRITING IMMEDIATELY.

Sit down and type out what you think the agreement is. Make sure that you include a clause that you will maintain your own medical records and patient files. You want to have access to that paperwork AND the client information.

Then just present it to him and say something like "Oh you know, these pesky formalities. This is what I understood our agreement to be - please look it over and let me know if I missed anything we talked about". It can be really light and lowkey.

But. it. must. be. done.

Angela

 

[No Lie]

Sounds like you have been operating under the legal definition of an employee, while being paid as an IC. If you are truly going to be an IC, you need to get a thorough written agreement that spells out the complete working relationship.

Here's an article on the differences between employees and ICs that you may wish to share with the chiropractor. For an outline to help you draft the IC agreement, skip to page 4 of the article.

http://amtamassage.org/journal/spring09_journal/spring09_art2-1.html

Hope that helps!

 

[DarkLight]

That's exactly the advice I needed. Thank you.

I belong to ABMP and they have a sample contract agreement. I've uploaded it to this link since I didn't think their website would let you see it unless you were a member. Does this one sound good to you guys? I don't see any issues, but once again I haven't done this before and insight would be great.
http://www.massageva.com/StasiaGinsburg/Blank.html

 

[Janice R]

I think that about covers it from my experience.

Good luck with that conversation and remember that you are a professional and this is also a learning experience.

 

[Kay]

Here's an article on the differences between employees and ICs that you may wish to share with the chiropractor. For an outline to help you draft the IC agreement, skip to page 4 of the article.

http://amtamassage.org/journal/spring09_journal/spring09_art2-1.html

The problem with the IRS checklist and these kinds of articles is they really don't give you any answers. There is no formula for which items on the checklist determine what, if one single one puts you in employee status or not. Often, it is in the eyes of the inspector, and in the case of CA, everyone is a target so they can make up for decades of mindless spending in Sacramento. Fine and Spend has replaced Tax and Spend, but in either case they view businesses as a piggybank to raid when they get in a pinch.

Take, for instance, #1

Instructions
Employee: Provided with instructions from the business regarding when, where and how to perform the work.
Independent Contractor: Decides when, where and how to accomplish the services he or she is providing.

If a contractor is replacing your roof, there is only 1 possible "where" in this equation. Same is true of doing a massage at a facility. So does this mean both are employees because they are being told "Where" to do the work? The checklist is not clear, and therefore of little help. Typical government gobbledygook drawn up in a vaccuum, devoid of real world experience.

If a client wants a massage at 4pm, there is only one "When". So does this make you an employee? ICs who have their own practice, also have requests for a specific, inflexible time. So if you do that in your SP world, why would doing it in your IC role make you an employee? And that kind of logic would just garner you a blank stare from the state vampires.

 

[Blazin_luvv]

I understood the 'when' to be determined on who is taking the booking. Is it the receptionist (who works for the chiro) or the therapist.

 

[ican2bpicky]

I understood the 'when' to be determined on who is taking the booking. Is it the receptionist (who works for the chiro) or the therapist.

Thanks for proving the point. Two people, two opinions on what it means. How could you ever be right!

 

[Nas J]

I agree that the guidelines are convoluted. My father worked as a IC for years (different field) but he worked the hours the office set, on the projects that they set too. Looking at the guidelines he could (should?) have been an employee.

I agree get everything in writing ASAP and clarify the lines.

 

[Harvey]

I agree that the guidelines are convoluted. My father worked as a IC for years (different field) but he worked the hours the office set, on the projects that they set too. Looking at the guidelines he could (should?) have been an employee.

There are lots of situations in which someone is truly an IC, but works set hours on set projects. The pharma industry is rife with contract researchers -- they can't just go creating whatever compound they want! They also have protocols and reports they have to fill out, but they are clearly ICs and even the IRS does not think otherwise.

 

[As hatred sinks in]

I understood the 'when' to be determined on who is taking the booking. Is it the receptionist (who works for the chiro) or the therapist.

Thanks for proving the point. Two people, two opinions on what it means. How could you ever be right!

:

Agreed!

 

[Poojy :)]

The current issue of Massage Therapy Journal has an article detailing the differences between Employees and ICs. I didn't read it yet as I know I'm an employee but it's there for anyone who is interested.

Angie