It is therefore generally advisable to conclude subcontracting agreements for independent companies. Finally, if properly formulated and in accordance with working conditions, these agreements may define the relationship as that of an independent contractor instead of an employee. But a well-crafted agreement on independent contractors, which meets the working conditions, can define a worker as an independent contractor and not as an employee. Having such an agreement from the beginning can save a company a lot of trouble and costs. Startups and small businesses are often cautious when it comes to accommodating additional staff. This may lead potential employers to wonder whether they can simply enter into an agreement with individual workers who are considered self-employed contractors instead of workers. In order to prove an independent contractual relationship, a company has the burden of proving that the courts of the workers` circuit: The Tenth Circuit and Colorado have repeatedly agreed not to comply with the alleged agreements made between independent contractors when the facts of the situation indicate an employment relationship. In Baker, for example, “the tenth circuit reviewed and refused an employer`s characterization of Rig welders as independent subcontractors, although each welder signed a document entitled `Agreement with an Independent Contractor.` FN2 If you need help with an independent contractor contract, you can publish your legal needs on the UpCounsel marketplace. UpCounsel only accepts the top 5 percent of lawyers on its site. .