North Carolina hr independent contractor agreement template

North Carolina HR Independent Contractor Agreement

This North Carolina HR Independent Contractor Agreement (the "Agreement") is made and effective as of [Effective Date], by and between:

[Client Company Full Legal Name], a [Client Company Type, e.g., Corporation] with its principal place of business at [Client Company Address] ("Client"),

and

[Independent Contractor Full Legal Name], residing at [Independent Contractor Address] ("Contractor").

1. Description of Services

The Contractor agrees to provide the following HR services to the Client:

• Option A: [Description of Services, e.g., Recruitment services, including sourcing, screening, and interviewing candidates for open positions.]
• Option B: [Description of Services, e.g., Employee relations consulting, including advising on performance management and disciplinary actions.]
• Option C: [Description of Services, e.g., HR policy development, including creating and updating employee handbooks and related policies.]
• Option D: [Description of Services, e.g., Compliance audits, including assessing current practices against legal requirements.]
  • Deliverables: [List of Deliverables with Measurable Standards, Timelines, and Required Formats, e.g., A written recruitment plan delivered within two weeks of the effective date, adhering to Client’s branding guidelines.]
  • Service Hours: [Expected Service Hours, Availability, Deadlines, Milestones, Progress Reporting, and Communication Protocols, e.g., Approximately 20 hours per week, available by phone and email during regular business hours. Weekly progress reports are due every Friday.]

2. Work Location

The services will be performed at the following location(s):

• Option A: On-site at the Client’s facility located at [Client Facility Address].
  • Requirements: [Specific Requirements, e.g., Secure data access, physical file handling, facility access protocols.]
• Option B: Remotely from the Contractor’s location.
  • Requirements: [Specific Requirements, e.g., Secure internet connection, adherence to Client's data security policies.]
• Option C: A hybrid arrangement of on-site and remote work as agreed upon by both parties.

3. Client Resources

The Contractor will be authorized to use the following Client resources, tools, and technology:

• Option A: [List of Resources, e.g., Client’s HRIS system, applicant tracking system.]
  • Limitations: [Limitations on Usage, e.g., Access limited to specific modules, adherence to Client's user access policies.]
• Option B: [List of Resources, e.g., Client’s employee handbook template.]
  • Limitations: [Limitations on Usage, e.g., Must be used as a template only, requires Client review and approval of any modifications.]
• Option C: No client resources will be used.

4. Compensation

The Client will compensate the Contractor as follows:

• Option A: Hourly rate of [Hourly Rate] per hour.
• Option B: Retainer of [Retainer Amount] per month.
• Option C: Flat project fee of [Project Fee Amount] for the entire project described in Section 1.
• Option D: Milestone-based payments as follows:
  • Milestone 1: [Description of Milestone 1] – Payment of [Amount] upon completion.
  • Milestone 2: [Description of Milestone 2] – Payment of [Amount] upon completion.

Invoicing Process: [Details, e.g., Contractor will submit invoices monthly, detailing hours worked and services performed.]

Payment Terms: [Details, e.g., Client will pay invoices within 30 days of receipt.]

Reimbursement of Approved Expenses: [Details, e.g., Pre-approved travel expenses will be reimbursed upon submission of receipts.]

North Carolina Tax Compliance: [Details, e.g., Contractor is responsible for all applicable North Carolina state and local taxes.]

5. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Client will not be responsible for withholding or paying any federal, state, or local income taxes, social security taxes, unemployment taxes, or worker’s compensation insurance for the Contractor. The Contractor is solely responsible for paying all such taxes and obtaining any necessary worker's compensation exemptions under North Carolina law. The Contractor has no authority to bind the Client legally. The Contractor is not entitled to any employee benefits provided by the Client. This agreement shall be interpreted consistent with factors recognized by North Carolina courts and the North Carolina Department of Labor in determining independent contractor status.

6. Confidentiality

The Contractor agrees to hold all confidential information of the Client in strict confidence, including but not limited to HR data, personnel files, and sensitive business information. The Contractor will comply with all applicable North Carolina statutes on employee privacy and data protection. If applicable, the Contractor will also comply with federal privacy rules (such as HIPAA) and any state-specific personnel data security regulations.

7. Intellectual Property

Any policies, training content, or other deliverables created by the Contractor for the Client during the term of this Agreement shall be the sole property of the Client, unless otherwise agreed in writing.

8. Non-Solicitation/Non-Compete

• Option A: Non-Solicitation: During the term of this Agreement and for a period of [Number] months following its termination, the Contractor will not solicit any employees or clients of the Client.
• Option B: Non-Compete: During the term of this Agreement and for a period of [Number] months following its termination, the Contractor will not engage in [Specific Scope of Activities, e.g., providing HR consulting services] within [Geographic Scope, e.g., Wake County, North Carolina]. This provision is narrowly tailored and consistent with limitations on enforceability under North Carolina law and the North Carolina Business Court's requirements.
• Option C: No Non-Solicitation or Non-Compete Provisions.

9. Indemnification and Limitation of Liability

The Contractor agrees to indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to the Contractor's performance of services under this Agreement. The Contractor acknowledges they are not authorized to provide legal advice or engage in the unauthorized practice of law under North Carolina Bar rules, and indemnifies the Client against any costs and liabilities arising from the same. The Client's liability is limited to the amount of fees paid to the Contractor.

10. Insurance

The Contractor will maintain professional liability/errors and omissions insurance with a minimum coverage of [Amount]. The Contractor will provide the Client with evidence of valid coverage upon request.

11. Project Management and Communication

• Notice Procedures: [Procedures for Notice, e.g., All notices shall be in writing and delivered by email or certified mail.]
• Communication Channels: [Preferred Communication Channels, e.g., Weekly conference calls, email communication for routine updates.]
• Acceptance of Deliverables: [Process for Acceptance of Deliverables, e.g., Client will review deliverables within 5 business days and provide written acceptance or feedback.]
• Documentation Retention and Return: [Process for Documentation Retention and Return, e.g., Contractor will retain all project-related documentation for [Number] years and return or securely delete all confidential materials upon termination of the agreement.]

12. Term and Termination

• Term: This Agreement will commence on [Start Date] and will continue for a term of [Duration, e.g., one year].
  • Renewal: [Details, e.g., This Agreement will automatically renew for successive one-year terms unless either party provides written notice of termination at least 30 days prior to the end of the then-current term.]
• Termination:
  • Option A: Either party may terminate this Agreement with [Number] days written notice.
  • Option B: The Client may terminate this Agreement immediately for cause, including but not limited to breach of contract, negligence, or misconduct.

Final Settlement: [Details, e.g., Upon termination, the Client will pay the Contractor for all services performed up to the date of termination.]

Transition of HR Data: [Details, e.g., The Contractor will provide the Client with all HR data and materials in a secure and organized manner upon termination.]

13. Legal Compliance

The Contractor will comply with all applicable federal and North Carolina anti-discrimination laws, including Title VII, ADA, ADEA, FLSA, North Carolina Equal Employment Practices Act, and Retaliatory Employment Discrimination Act. The Contractor confirms that no legal advice or representation will be provided.

14. Governing Law and Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the State of North Carolina. Any legal action arising out of or relating to this Agreement will be brought exclusively in the state or federal courts located in [County Name], North Carolina.

• Option A: Mediation: The parties agree to first attempt to resolve any disputes through mediation before resorting to litigation.
• Option B: Arbitration: Any disputes arising out of or relating to this Agreement will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

15. Amendments and Assignment

This Agreement may be amended only by a written instrument signed by both parties. The Contractor may not assign or delegate its obligations under this Agreement without the prior written consent of the Client.

16. Conflict of Interest

The Contractor will disclose any potential conflicts of interest, including dual representation, business interests, or relationships with Client employees, that may arise during the term of this Agreement.

17. Equal Opportunity, Diversity, and Inclusion

The Contractor will adhere to equal opportunity, diversity, and inclusion standards relevant to North Carolina employer contracts and HR best practices.

18. Data Breach Reporting

The Contractor will report any data breach in accordance with the North Carolina Identity Theft Protection Act.

19. Contract Review and Updates

This contract will be reviewed and updated periodically in line with evolving HR laws or Client requirements.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Client Company Full Legal Name]

By: [Client Name]

Title: [Client Title, if applicable]

Date: [Date]

[Independent Contractor Full Legal Name]

By: [Independent Contractor Name]

Title:

Date: [Date]

Attachments:

• W-9 Form
• Certificate of Insurance
• [Other Forms as Needed]