Any suggestions/advice for new licensed massage therapist working as a subcontractor with a chiropractor? Obviously you'll want to keep track of all records, receipts...
Della M. replied:
There really is no such thing as an IC in the MT industry so ewe really need to get into the habit of making ourselves out as renters or employees. Most ICs are misclassified workers according to the IRS Common Law Rules and the USDOL Fair Labor Standards Act. And to be an IC in a medical setting, such as a chiropractic office, not only makes you a misclassified worker, it also puts you and the hiring business at risk of violating healthcare laws regarding fee splitting, kickbacks, and self referral, and in violation of insurance laws involving fraud if the doc is billing insurance for your non employee work. IRS Common Law Rules http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee USDOL Fair Labor Standards Act http://www.dol.gov/whd/regs/compliance/whdfs13.pdf Ohio healthcare laws http://www.healthlawyers.org/Members/PracticeGroups/FA/Surveys/Documents/State/Ohio.pdf
Jason E. replied:
I doubt that a 12 month contract to not terminate employment is enforceable. Ohio is an "At will" employment state, so usually the concern is that employees might be terminated before a certain period of time, as opposed to the other way around. I think you should contact someone who knows employment law to ask about that contract. If possible, you should be provided with a copy of it to review in detail (and discuss with a legal expert) well in advance of the signature deadline. If they are unwilling to provide you with adequate time to read and consider the contract prior to requiring a signature, then there is no reason to believe that their demands will become more reasonable after you sign a promise not to quit for the next year. I certainly wouldn't work there. https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-436.aspx
Jason E. replied:
All of the worst horror stories I've heard from MTs that subcontracted with a chiropractor had one thing in common: no written contract. Do you have a written contract that spells out all details of how you will work together with your business inside their office? If not, get a written contract that spells out all details of how you will work together with your business inside their office. Both of your sign copies so that you each have your own copy of it with original signatures. If a contract hasn't been written yet, set a deadline by which you must have one to sign, or walk away. You can write it yourself, or they can write it, or a lawyer can write it (once all terms have been agreed upon and provided to the lawyer). Make certain that any contractual agreement doesn't violate the IRS rules regarding independent contractors: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee
I need a recommended chiropractor. Rich has gone to 2 and both suck. Please. I'm dyin over here!!
Nathan N. replied:
I was having major back issues and went to a massage therapist. It was better than the chiropractor. He was at Go Fitness
Sheena J. replied:
Richard Ulm. He is a crossfitter and helps with a lot of athletic issues. Amazing!
Julie O. replied:
KJ Shannon at Worthington Chiropractic.. several people I know go to him and I hear great things! Sorry Rich is still in pain:(
Dave R. replied:
Bryan Schuetz does a good job! Just down High St. across from St. Michaels.
Karyn H. replied:
Worthington Chriopractic at the corner of Rt 161 and Linworth Rd has done amazing things for my family and many people I know. They have 3 or 4 doctors there and all are really good.