West Virginia hr independent contractor agreement template

West Virginia HR Independent Contractor Agreement

This West Virginia HR Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date], by and between:

• [Client Legal Name], a [Client Business Type, e.g., West Virginia Corporation] with its principal place of business at [Client Address], hereinafter referred to as "Client,"
• and
• [Contractor Legal Name], an independent contractor located at [Contractor Address], hereinafter referred to as "Contractor."

1. Scope of HR Services

Contractor agrees to provide the following HR services to Client:

• Option A: Recruitment and Talent Acquisition Management:
  • Conducting job analysis and developing job descriptions.
  • Sourcing candidates through various channels.
  • Screening resumes and conducting initial interviews.
  • Coordinating interviews with hiring managers.
  • Conducting background checks and reference checks in compliance with West Virginia law.
• Option B: Employee Onboarding and Orientation:
  • Preparing onboarding materials and conducting orientation sessions.
  • Ensuring completion of required paperwork.
  • Introducing new hires to company policies and procedures.
• Option C: Compensation and Benefits Administration:
  • Administering payroll and benefits programs.
  • Ensuring compliance with West Virginia wage and hour laws.
  • Managing employee benefits enrollment and changes.
• Option D: Policy Drafting and Employee Handbook Development:
  • Drafting and updating HR policies and procedures.
  • Developing and maintaining the employee handbook in compliance with West Virginia law.
• Option E: Compliance with West Virginia State Employment Laws:
  • Ensuring compliance with West Virginia Human Rights Act.
  • Advising on compliance with wage and hour statutes.
  • Assisting with compliance with workplace safety requirements.
• Option F: Performance Management
  • Developing and implementing performance appraisal systems.
  • Providing guidance on performance improvement plans.
• Option G: Workplace Investigations
  • Conducting internal investigations of employee complaints.
  • Preparing investigation reports and recommendations.
• Option H: Employee Training and Development
  • Developing and delivering training programs for employees.
• Option I: Mediation and Conflict Resolution
  • Facilitating mediation sessions between employees.
• Option J: HR Record Keeping and Reporting
  • Maintaining accurate employee records in compliance with West Virginia law.
  • Preparing HR reports as required.

2. Deliverables and Performance

• Contractor shall deliver the services described in Section 1 according to the following schedule: [Schedule].
• Deliverables must meet the following quality standards: [Quality Standards].
• Performance will be measured based on the following metrics: [Performance Metrics].
• Contractor will provide reports to Client on a [Reporting Interval, e.g., weekly, monthly] basis.

3. Work Location and Resources

• Option A: Work will be performed remotely.
• Option B: Work will be performed at Client's site at [Client Address].
• Option C: Work will be performed at a mixed location: [Specify Details].
• Client will provide Contractor with the following resources: [List of Resources].
• Contractor is responsible for maintaining secure handling of employee and company data, complying with the West Virginia Consumer Credit and Protection Act and privacy and data protection statutes.

4. Compensation and Payment

• Option A: Contractor will be compensated at an hourly rate of [Hourly Rate].
• Option B: Contractor will be compensated on a per-project basis as follows: [Project and Fee].
• Option C: Contractor will be paid a retainer of [Retainer Amount] per [Time Period].
• Contractor shall invoice Client [Invoicing Frequency].
• Payment is due within [Number] days of receipt of invoice.
• Acceptable payment methods are: [List of Payment Methods].
• Contractor is responsible for all applicable West Virginia taxes, including business registration, B&O, and self-employment tax.

5. Independent Contractor Status

Contractor is an independent contractor and not an employee or agent of Client. Contractor is solely responsible for:

• Tax filings (federal, state, and local).
• Insurance (general liability, workers’ compensation waiver, professional liability).
• Licensing.
• Legal obligations under West Virginia law.
• Business registration requirements for out-of-state contractors performing services in West Virginia.

6. Intellectual Property

All work product, documents, and records prepared in connection with this Agreement are the exclusive property of Client.

7. Confidentiality

• Contractor shall maintain the confidentiality of all Client information, including employee information, compensation data, personnel actions, and disciplinary records.
• Confidential information is defined as: [Define Confidential Information].
• This section is aligned with West Virginia breach of privacy laws and any federal obligations.

8. Legal Compliance

Contractor shall comply with all applicable federal and West Virginia employment laws, including:

• FMLA.
• Title VII.
• ADA.
• FLSA.
• West Virginia Human Rights Act.
• Contractor is responsible for staying up-to-date on changes in regulations and company HR policies.

9. Liability and Indemnification

• Contractor is liable for professional errors, omissions, misrepresentations, breaches of confidentiality, and resulting damages.
• Client is responsible for workplace safety, providing accurate information, and cooperation.

10. Subcontracting

• Option A: Contractor may not engage subcontractors without Client's prior written approval.
• Option B: Contractor may engage subcontractors, subject to Client approval, and all subcontractors must comply with West Virginia independent contractor classification standards and confidentiality requirements.

11. Conflict of Interest and Non-Solicitation

• Contractor shall disclose any conflicts of interest.
• Contractor shall not solicit Client's employees or contractors during the term of this Agreement and for a period of [Number] months thereafter.
• Option A: Non-compete clause: Contractor shall not engage in any business that competes with Client within a [Radius] mile radius of [Location] for a period of [Time Period] after the termination of this Agreement (subject to West Virginia law's limits and enforceability standards).

12. Amendments

Any amendments to this Agreement must be in writing and signed by both parties.

13. Dispute Resolution

• Parties agree to first attempt to resolve any disputes through negotiation and mediation.
• If mediation is unsuccessful, the dispute shall be resolved through [Arbitration or Litigation] in [County], West Virginia.
• This Agreement shall be governed by the laws of West Virginia.

14. Term and Termination

• This Agreement shall commence on [Start Date] and continue for a term of [Duration].
• Option A: This Agreement shall automatically renew for successive terms of [Duration] unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Either party may terminate this Agreement for convenience with [Number] days' written notice.
• Either party may terminate this Agreement for breach of contract.
• Client may terminate this agreement for legal compliance issues.
• Upon termination, Contractor shall transfer or destroy all HR and employee records as mandated by West Virginia law.

15. Insurance and Bonding

• Option A: Contractor shall maintain the following insurance coverage: [List of Insurance Coverage].
• Option B: Contractor shall obtain bonding in the amount of [Bond Amount].

16. Compliance with West Virginia and Local Business Permit Requirements

Contractor is responsible for compliance with all applicable West Virginia and local business permit requirements.

17. Representations and Warranties

Contractor represents and warrants that:

• Contractor has the legal authority to enter into this Agreement.
• Contractor's services will not infringe on any third-party rights.
• All information provided to Client is accurate and complete.

18. Record Retention

Contractor will adhere to record retention periods in accordance with West Virginia employment law.

19. Background Checks and Employee Eligibility Verifications

Contractor will handle required background checks and employee eligibility verifications (including E-Verify, if used) in accordance with West Virginia and federal law.

20. Changes in HR Law or Practice

Contractor is responsible for staying current with changes in HR law or practice and completing mandatory training or certifications as rules evolve in West Virginia.

21. Cooperation During Audits or Investigations

Contractor shall cooperate fully during audits or investigations by West Virginia or federal agencies.

22. Assignment and Delegation

• Option A: Contractor may not assign this Agreement or delegate any duties hereunder without Client's prior written consent.
• Option B: Contractor may assign this Agreement with prior written notice to Client.

23. Notice

All notices shall be in writing and delivered to the following addresses:

• Client: [Client Address]
• Contractor: [Contractor Address]
• Preferred method of communication: [Email or Mail]

24. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control.

25. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

26. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, pertaining to the subject matter hereof. This Agreement shall be interpreted and construed in accordance with the laws of West Virginia.

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

____________________________
[Client Representative Name]
[Client Title]
[Client Legal Name]

____________________________
[Contractor Name]
[Contractor Title/Position]
[Contractor Legal Name]