Legal Question in Employment Law in Arkansas

hiring independent contractors

I am starting a workplace lunch delivery service and will be hiring independent contractors to sell and deliver the sandwiches during the time I specify. The independent contractors would be required to sign an independent contractor agreement. Now my question is can I be held responsible if the independent contractor were to get involved in a traffic accident while doing a delivery for me? Should I just add that to the agreement that he/she would sign, stating that any monetary loss due to traffic tickets or accidents would be the responsibility of the independent contractor? I just want to protect my business as well as my personal assets! Eventually I realize I need to incorporate, but to start the business, I need to do it this way. All suggestions are greatly appreciated! I am starting hiring in the next couple of weeks, therefore a timely response would be wonderful!! Thanks!


Asked on 5/01/99, 12:30 am

1 Answer from Attorneys
Dymond Steven Steven H. Dymond P.C.

Re: hiring independent contractors

You wil have a great dealmore than liability for insurance, as these persona are very probably employees in every respect including workers comp and taxes. You are playing a game that will likely create a future liability, just wait for an accident or an unemployment claim. while I offer no legal opinion I suggest that you research this issue carefully, and understand that contractually you may not alter the employemtn relationship if these persons are in fact under your control.

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Answered on 5/04/99, 12:38 pm


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