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I will draft independent contractor and employment agreements
Licensed US Attorney : Premium legal counsel for startups, real estate, and tech
I am Devin J. McGahey, Esq. (Bar #339091), a licensed U.S. attorney providing premium corporate counsel for the digital economy. Stop risking your business on generic internet templates. I draft custo...
About this Gig
Protect Your Business from Employee Misclassification & IP Theft
I am Devin J. McGahey, Esq., a licensed U.S. attorney (Bar #339091).
Hiring remote workers, freelancers, and employees is the best way to scale, but it carries massive legal risk. "Employee Misclassification" (treating a worker like a contractor when they are legally an employee) can result in devastating IRS penalties, back-tax liabilities, and Department of Labor lawsuits.
Furthermore, if your contractor agreement lacks a "Work Made for Hire" clause, they legally own the code, designs, or marketing materials you paid them to create.
I provide strict, employer-focused legal contracts:
- Independent Contractor Agreements: Establish clear boundaries, deliverables, and prevent misclassification.
- Employment Contracts: Define compensation, at-will status, and termination procedures.
- Intellectual Property (IP) Assignment: Ensure your company owns 100% of the work produced.
- Non-Disclosure & Non-Solicitation (Premium): Prevent rogue employees from stealing your client list or proprietary data.
Don't risk an audit or IP theft. Message me today to secure your workforce contracts.
Field of law:
Labor (employment)
Document type:
Employment agreement
•
Non-compete agreement
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Other
Legal consulting Gigs are not screened
Please note that there is no screening process for this service. We recommend that you message the freelancer and check all necessary details before placing your order. Pro freelancers in this category have gone through a vetting process. You can find more details here.
FAQ
How does this contract protect me from IRS Misclassification audits?
The IRS uses strict behavioral and financial control tests to determine if a worker is an employee or contractor. My agreements are meticulously drafted to emphasize the worker's autonomy, project-based compensation, and independent tax liabilities, providing your strongest foundational defense.
Are Non-Compete clauses still legally enforceable?
The legal landscape for non-competes is highly volatile, with recent FTC actions and state bans (like in California and New York). Instead of relying on risky non-competes, I focus heavily on drafting bulletproof Non-Solicitation and Confidentiality clauses.
If I pay an independent contractor, do I automatically own the IP?
Absolutely not. Under U.S. Copyright law, independent contractors retain ownership of their creations unless a contract explicitly states otherwise. I embed stringent "Work Made for Hire" and IP Assignment language into your agreement so your company owns 100% of the deliverables you pay for.
What does "At-Will" employment mean in your standard contracts?
"At-Will" is the legal standard in nearly all U.S. states. I explicitly draft this provision into your W-2 employment contracts to confirm that either the employer or the employee can terminate the working relationship at any time, with or without cause, shielding you from wrongful termination lawsu
Can I use this contract for international remote workers?
Yes. When hiring overseas, the contract must establish which country's laws govern a dispute. I draft these agreements to ensure that U.S. law (specifically your home state) governs the contract, and I include international arbitration clauses to ensure enforceability across borders.
Does this contract serve as a 1099 form?
No. A 1099 is an IRS tax reporting form generated by your accountant or payroll software. This Gig provides the substantive legal contract that justifies to the government why the worker is receiving a 1099 rather than a W-2.
Can I reuse this document for future hires?
Yes. I structure these contracts with a fixed "Master Terms" section and a blank "Exhibit A" (Statement of Work) at the end. This allows you to legally reuse the master document for future contractors simply by updating the deliverables and compensation in the Exhibit.
What happens if a contractor breaches the confidentiality clause?
The Premium package includes severe equitable relief clauses. This means if a contractor steals your data, you are legally entitled to seek an immediate court injunction to stop them, alongside financial damages for the breach of the Non-Disclosure provisions.
How do you handle equipment and expenses for contractors?
To pass the IRS contractor test, workers should generally supply their own tools. I draft explicit language stating the contractor is responsible for their own overhead, software, and equipment, which legally reinforces their independent status.
Does purchasing this gig form an attorney-client relationship?
Purchasing this Gig provides you with custom legal drafting based on your inputs. However, formal legal representation and ongoing attorney-client privilege require a separate, signed engagement letter, which I can provide upon request.
