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“Pay Up”Being an independent contractor has its advantages. Independence iscertainly among these advantages. Independent contractors have full controlover the way an activity is carried out, as long as the particular outcome isachieved. An independent cotractor may choose his or her own hours. Mostindependent contractors also play a critical role in determining how much theywill be paid for their services. However, getting paid by the proprietor isn’talways easy for independent contractors, even when they have satisfactorilycompleted the work.Unlike regular employees, independent contractors do not enjoy a fullrange of government protection. They are generally at the mercy of the proprietorwhen it comes to getting paid. Some proprietors are deliberately slowto pay, and others simply refuse to pay.Informal methods that an independent contractor may use to attain paymentfrom an unethical proprietor include being a “squeaky wheel.” Letters, phonecalls, e-mail messages, and personal meetings are just a few ways to get yourpoint across. More formal ways of proceeding include suing the proprietor insmall claims court or municipal court. The type of court depends on the amountof money involved. Sometimes an independent contractor agreement willcontain an arbitration clause, which takes the place of a court proceeding andis binding on the parties.Evaluate What factors might you consider in determining how much to chargefor your work as an independent contractor?who has a contract with the delivery service. Is the deliveryservice an independent contractor or a servant?In Example 7, Mr. Pellis does not have the right to control the physicalconduct of the delivery service drivers. As a result, the service is anindependent contractor. However, Mr. Pellis’s lack of control over thephysical conduct of the service is not the only factor that proves thisrelationship is not a master-servant arrangement. By applying thequestions listed previously, you can gain a more complete picture of therelationship between Mr. Pellis and the delivery service. Remember, theChapter 18: Creation of an Agency 399

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