Legal Question in Business Law in New York

Discrepancies in a contract

I am a chiropractor. I work for an office that is a corporation. I am also incorporated and am treated as such for tax purposes. My corp. gets a 1099 from the corporation I work for as an independent contractor. I am to sign a new contract. Confused about the definition of indep. contractor. I pay my own malpractice and continuing education expenses. The contract states that I am to be ''paid by commision for services actually rendered by me in which I will be pain 2/3 of the office net profit per visit, based on office revenue and total office costs in consideration for use of rental space. It also says that at the end of the contract, if I practice as a chiropractor within 25 miles, I have to pay 50% of the previous 6 monthe avg monthly revenue generated by me. I also apparently have no equity in the equipment that part of my revenue is going to pay as office costs. What is the definition of independent contractor. I am confused as to whether according to this contract I am an employee or indep. contractor.


Asked on 6/06/02, 6:59 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Discrepancies in a contract

It is usually a difference in the control one party has over the other. If you go to rpounlimited.com it will explain the numerous differences. The 25 miles restriction is much to extensive. Five to ten miles is much more reasonable.

Read more
Answered on 6/06/02, 7:32 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Discrepancies in a contract

The clumsiness of the scrivener has implications for every term in the agreement.

Suggest you have one attorney read the entire agreement and then negotiate on your behalf.

If you wish to discuss this with me privately, please call to schedule a consultation:

(516) 741-7799

Read more
Answered on 6/07/02, 7:12 am


Related Questions & Answers

More Business Law questions and answers in New York