267 | Think You're an Independent Contractor? You Might Not Be. Know the Difference Between Independent Contractor Vs. Employee Categorization
Play Therapy Podcast: A Master-Class in Child-Centered Play Therapy
In this episode, I take a break between series for a much-needed "palate cleanse" to address an issue that keeps coming up in conversations with play therapists—understanding the difference between subcontractors and employees in private practice. Many therapists find themselves in situations where they are labeled as independent contractors but are actually being treated as employees.
If you own a practice and employ therapists, or if you're working as a therapist under someone else's practice, this episode will help you understand your rights and responsibilities. It's a must-listen for anyone navigating the business side of play therapy!
Play Therapy Podcast Meetup - MISSISSIPPI - Feb 21, 2025 at 6:30pm RSVP here: https://playtherapypodcast_ms.eventbrite.com
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If you would like to ask me questions directly, check out www.ccptcollective.com, where I host two weekly Zoom calls filled with advanced CCPT case studies and session reviews, as well as member Q&A. You can take advantage of the two-week free trial to see if the CCPT Collective is right for you.
Ask Me Questions: Call (813) 812-5525, or email: brenna@thekidcounselor.com Brenna's CCPT Hub: https://www.playtherapynow.com CCPT Collective (online community exclusively for CCPTs): https://www.ccptcollective.com Podcast HQ: https://www.playtherapypodcast.com APT Approved Play Therapy CE courses: https://childcenteredtraining.com Twitter: @thekidcounselor https://twitter.com/thekidcounselor Facebook: https://facebook.com/playtherapypodcast
Common References: Cochran, N., Nordling, W., & Cochran, J. (2010). Child-Centered Play Therapy (1st ed.). Wiley. VanFleet, R., Sywulak, A. E., & Sniscak, C. C. (2010). Child-centered play therapy. Guilford Press. Landreth, G.L. (2023). Play Therapy: The Art of the Relationship (4th ed.). Routledge. Bratton, S. C., Landreth, G. L., Kellam, T., & Blackard, S. R. (2006). Child parent relationship therapy (CPRT) treatment manual: A 10-session filial therapy model for training parents. Routledge/Taylor & Francis Group. Benedict, Helen. Themes in Play Therapy. Used with permission to Heartland Play Therapy Institute.
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0 00:00:00,419 --> 00:00:04,320 You're listening to the Play Therapy Podcast with Dr. Brenna Hicks, 1 00:00:04,480 --> 00:00:08,189 your source for centered and focused play therapy coaching. 2 00:00:08,560 --> 00:00:08,720 Hi, 3 00:00:08,779 --> 00:00:09,829 I'm Dr. Brenna Hicks, 4 00:00:09,840 --> 00:00:10,600 The Kid Counselor. 5 00:00:10,720 --> 00:00:12,720 This is the Play Therapy Podcast where you get 6 00:00:12,720 --> 00:00:15,069 a master class in child-centered play therapy 7 00:00:15,069 --> 00:00:17,540 and practical support and application for your 8 00:00:17,540 --> 00:00:19,229 work with children and their families. 9 00:00:19,680 --> 00:00:20,629 In today's episode, 10 00:00:20,760 --> 00:00:22,229 we are doing 11 00:00:22,719 --> 00:00:24,360 what I'd like to call a palate cleanse, 12 00:00:24,399 --> 00:00:24,979 I guess. 13 00:00:25,350 --> 00:00:25,750 So, 14 00:00:26,239 --> 00:00:28,790 We finished our neutrality series 15 00:00:29,159 --> 00:00:33,419 and before we transition into a new topic, 16 00:00:33,799 --> 00:00:36,630 I wanted to do kind of just a one-off curriculum 17 00:00:36,880 --> 00:00:39,490 and this is birthed out of many, 18 00:00:39,580 --> 00:00:41,549 many conversations I've had 19 00:00:42,060 --> 00:00:43,299 specifically very recently, 20 00:00:43,380 --> 00:00:44,430 but even in the last, 21 00:00:44,520 --> 00:00:46,590 let's say 3 to 6 months, 22 00:00:47,080 --> 00:00:48,720 about the distinction 23 00:00:49,319 --> 00:00:49,919 between 24 00:00:50,200 --> 00:00:52,250 subcontractor and employee 25 00:00:52,599 --> 00:00:55,360 when you're working for someone else as a play therapist. 26 00:00:56,569 --> 00:00:58,490 So if you are an employee, 27 00:00:58,979 --> 00:01:00,810 if you are a subcontractor, 28 00:01:01,340 --> 00:01:05,459 if you are an employer of either employees or subcontractors, 29 00:01:05,599 --> 00:01:07,129 this podcast is for you. 30 00:01:07,339 --> 00:01:08,410 I have so many 31 00:01:08,699 --> 00:01:14,730 coaching participants and collective members bringing up the varying degrees of 32 00:01:15,459 --> 00:01:17,779 work responsibilities and what that looks like and 33 00:01:17,779 --> 00:01:19,930 I'm an employee and I'm a subcontractor, 34 00:01:20,019 --> 00:01:20,529 but 35 00:01:20,980 --> 00:01:25,330 the eyes of those distinctions are very clear by law. 36 00:01:25,970 --> 00:01:28,209 And I'll share a couple stories with you, 37 00:01:28,220 --> 00:01:30,050 and then we'll dive into 38 00:01:30,430 --> 00:01:31,529 what you need to know, 39 00:01:31,779 --> 00:01:35,250 all things related to the classification as a play therapist 40 00:01:35,580 --> 00:01:37,419 of subcontractor versus employee. 41 00:01:37,580 --> 00:01:37,860 However, 42 00:01:38,099 --> 00:01:38,730 before we do, 43 00:01:39,900 --> 00:01:40,370 I 44 00:01:40,500 --> 00:01:42,650 just graduated a whole another round, 45 00:01:42,819 --> 00:01:45,720 so two cohorts of my six-figure coaching program, 46 00:01:45,980 --> 00:01:48,699 and I just wanted to say I'm so excited for them and 47 00:01:49,129 --> 00:01:52,730 so encouraged by the confidence and the competence and 48 00:01:53,059 --> 00:01:53,940 the articulation, 49 00:01:54,019 --> 00:01:54,580 the growth, 50 00:01:54,699 --> 00:01:55,449 just everything. 51 00:01:55,540 --> 00:01:55,550 We, 52 00:01:55,559 --> 00:01:57,889 we kind of celebrated the whole year together and 53 00:01:58,330 --> 00:01:58,879 just 54 00:01:59,139 --> 00:02:02,010 really incredible to see the transformations that have taken place. 55 00:02:02,029 --> 00:02:02,410 So, 56 00:02:02,660 --> 00:02:05,010 little shout out to my newly graduated people. 57 00:02:05,319 --> 00:02:06,540 And also, 58 00:02:06,830 --> 00:02:08,149 thank you for those of you who have been 59 00:02:08,149 --> 00:02:11,220 signing up for the Mississippi podcast meet up. 60 00:02:11,470 --> 00:02:15,600 If you are going to be at the conference or can drive to Oxford, 61 00:02:15,669 --> 00:02:16,250 Mississippi, 62 00:02:16,429 --> 00:02:20,419 please make sure that you click on the link in the show notes to sign up for the RSVP. 63 00:02:20,869 --> 00:02:21,110 Well, 64 00:02:21,270 --> 00:02:23,339 you are RSVPing for the meetup. 65 00:02:24,080 --> 00:02:24,460 OK, 66 00:02:24,869 --> 00:02:26,210 so let's dive into 67 00:02:26,429 --> 00:02:28,940 the idea of subcontractor versus employee, 68 00:02:28,949 --> 00:02:32,139 and let me share a really quick story that I that I think will illustrate 69 00:02:32,309 --> 00:02:33,660 the significance of this. 70 00:02:34,220 --> 00:02:36,339 Because in our industry I think it's pretty common 71 00:02:36,339 --> 00:02:39,649 practice to have the lines really severely blurred, 72 00:02:40,020 --> 00:02:41,500 but the lines are very, 73 00:02:41,570 --> 00:02:44,169 very clearly defined in the legal arena. 74 00:02:44,300 --> 00:02:45,970 So let me share a quick story. 75 00:02:46,300 --> 00:02:48,429 I used to have exclusively 76 00:02:48,899 --> 00:02:50,570 subcontractors at my practice, 77 00:02:50,860 --> 00:02:54,419 so all of my therapists were subcontractors ran their own businesses, 78 00:02:54,570 --> 00:02:55,649 and they just worked 79 00:02:55,860 --> 00:02:59,259 in my center and served my waitlist and my clients. 80 00:03:00,470 --> 00:03:03,869 I reached out to an employment lawyer and said I'd like to 81 00:03:03,869 --> 00:03:09,250 have you draft some employment agreements as I bring on more subcontractors, 82 00:03:09,589 --> 00:03:10,869 and he refused 83 00:03:11,190 --> 00:03:12,419 to take the job, 84 00:03:13,070 --> 00:03:15,259 which that was very interesting to me because 85 00:03:15,460 --> 00:03:16,020 I'm like, 86 00:03:16,190 --> 00:03:17,830 you are in fact an employment lawyer, 87 00:03:17,869 --> 00:03:22,380 this is what you specialize in and I'm wanting to pay you for your services. 88 00:03:22,470 --> 00:03:23,869 Why are you turning me away? 89 00:03:24,669 --> 00:03:25,710 And he said, 90 00:03:25,830 --> 00:03:27,630 I'm not going to risk my license on that. 91 00:03:27,649 --> 00:03:29,509 I'm not gonna touch that with a 10 ft pole. 92 00:03:29,710 --> 00:03:30,940 You need to find someone else. 93 00:03:31,509 --> 00:03:32,509 And when I dug deeper, 94 00:03:32,589 --> 00:03:36,020 I actually ended up working with a different attorney because he legit blew me off, 95 00:03:36,710 --> 00:03:37,490 and he ended up, 96 00:03:37,550 --> 00:03:39,380 the new attorney ended up telling me. 97 00:03:40,190 --> 00:03:43,399 That we have a reputation in the mental health industry 98 00:03:43,789 --> 00:03:45,339 in legal circles 99 00:03:45,830 --> 00:03:46,539 for 100 00:03:47,110 --> 00:03:49,240 basically breaking the law all the time, 101 00:03:49,250 --> 00:03:49,699 and 102 00:03:49,990 --> 00:03:52,660 they associate the mental health space with 103 00:03:53,149 --> 00:03:54,660 the most consistent. 104 00:03:55,490 --> 00:03:56,600 In the eyes of the law, 105 00:03:56,669 --> 00:04:00,389 breaking the rules for employee versus subcontractor agreements. 106 00:04:01,289 --> 00:04:02,110 So I did 107 00:04:02,279 --> 00:04:06,039 some pretty deep conversations with him and I did some research myself. 108 00:04:07,029 --> 00:04:09,300 So if you are thinking about bringing on 109 00:04:09,720 --> 00:04:10,940 therapists to work under you, 110 00:04:10,949 --> 00:04:12,919 if you are actively employing 111 00:04:13,289 --> 00:04:15,250 therapists to work under you and or if you 112 00:04:15,250 --> 00:04:18,350 are working under someone as an employee or subcontractor, 113 00:04:18,850 --> 00:04:20,890 there are some really important things that you need to know 114 00:04:20,890 --> 00:04:23,679 and this is really kind of more of a public service. 115 00:04:24,630 --> 00:04:25,440 Kind of episode, 116 00:04:26,130 --> 00:04:26,609 but 117 00:04:26,850 --> 00:04:30,369 I think this will affect so many of you that I'm probably gonna get a lot of feedback. 118 00:04:30,410 --> 00:04:31,809 That's what I'm anticipating anyway. 119 00:04:32,570 --> 00:04:33,529 So here's 120 00:04:33,750 --> 00:04:34,500 the breakdown. 121 00:04:35,200 --> 00:04:36,559 If you are a subcontractor, 122 00:04:36,640 --> 00:04:38,549 you have to run your own business, 123 00:04:39,100 --> 00:04:42,070 and you have to operate completely independently 124 00:04:42,399 --> 00:04:43,709 of anyone 125 00:04:43,959 --> 00:04:45,230 who is employing you. 126 00:04:45,899 --> 00:04:50,059 So you have to think of this as a general contractor building a house. 127 00:04:51,209 --> 00:04:52,390 So the homeowner 128 00:04:52,989 --> 00:04:56,510 secures the contract with the general contractor 129 00:04:57,079 --> 00:04:57,559 and says, 130 00:04:57,679 --> 00:04:57,839 you know, 131 00:04:57,970 --> 00:04:59,470 I choose this house, 132 00:04:59,720 --> 00:05:00,559 this square footage, 133 00:05:00,679 --> 00:05:01,440 this many bedrooms, 134 00:05:01,519 --> 00:05:02,790 this many bathrooms, 135 00:05:02,989 --> 00:05:03,720 these fixtures, 136 00:05:03,850 --> 00:05:05,079 this granite for the countertops, 137 00:05:05,119 --> 00:05:05,589 whatever. 138 00:05:06,040 --> 00:05:10,839 So the home buyer is in contracted agreement with the general contractor. 139 00:05:11,649 --> 00:05:15,779 But the general contractor does not do all of the components of the house. 140 00:05:16,549 --> 00:05:18,190 The general contractor 141 00:05:19,000 --> 00:05:20,510 uses an electrician 142 00:05:20,799 --> 00:05:21,679 to do the electrical, 143 00:05:21,839 --> 00:05:22,070 uh, 144 00:05:22,079 --> 00:05:23,399 plumber to do the plumbing. 145 00:05:24,329 --> 00:05:27,079 An air conditioning contractor to do the HVAC, 146 00:05:27,809 --> 00:05:29,160 a roofer to do the roof. 147 00:05:30,019 --> 00:05:33,399 A person who specializes in foundations to pour the concrete. 148 00:05:34,010 --> 00:05:34,170 OK, 149 00:05:34,250 --> 00:05:36,880 so you can see that although the general contractor 150 00:05:37,170 --> 00:05:38,040 is in 151 00:05:38,410 --> 00:05:40,880 a contract with the home buyer. 152 00:05:41,910 --> 00:05:45,579 The GC is going to sublet subcontract 153 00:05:46,010 --> 00:05:47,279 all of the work 154 00:05:47,809 --> 00:05:49,250 to contractors. 155 00:05:50,339 --> 00:05:51,299 So think about this, 156 00:05:51,339 --> 00:05:53,390 let's take this analogy a little bit further. 157 00:05:54,279 --> 00:05:57,200 The general contractor does not tell 158 00:05:57,730 --> 00:05:58,519 the plumber 159 00:05:58,970 --> 00:05:59,970 how to do their job. 160 00:06:01,649 --> 00:06:03,190 The plumber has to 161 00:06:03,399 --> 00:06:05,720 install the plumbing that's appropriate for the house, 162 00:06:05,880 --> 00:06:09,140 so the plumber's going to be under contractual obligation 163 00:06:09,519 --> 00:06:11,160 to put in a certain number of toilets and 164 00:06:11,160 --> 00:06:13,609 a certain number of showers and a certain number of 165 00:06:14,040 --> 00:06:16,269 pipes to connect everything together, 166 00:06:16,519 --> 00:06:16,920 etc. 167 00:06:17,679 --> 00:06:21,630 but as long as the agreed upon terms are met, 168 00:06:22,119 --> 00:06:25,549 the general contractor does not provide any tools to the plumber, 169 00:06:25,750 --> 00:06:28,549 the general contractor does not supervise the plumber. 170 00:06:29,040 --> 00:06:31,880 The general contractor does not tell the plumber when 171 00:06:32,309 --> 00:06:33,329 it has to work. 172 00:06:34,420 --> 00:06:34,940 In other words, 173 00:06:35,179 --> 00:06:37,290 you have to work from 8 to 5 Monday through Friday. 174 00:06:38,250 --> 00:06:40,720 There's really no little to no oversight. 175 00:06:41,250 --> 00:06:42,679 The general contractor says, 176 00:06:42,730 --> 00:06:44,040 you have a plumbing business. 177 00:06:44,290 --> 00:06:45,720 I'm hiring you to 178 00:06:45,940 --> 00:06:47,600 do this according to our contract. 179 00:06:48,459 --> 00:06:50,570 You get the plumbing done and 180 00:06:50,779 --> 00:06:51,929 I don't need to worry about you. 181 00:06:53,859 --> 00:06:54,420 So, 182 00:06:54,459 --> 00:06:54,880 the, 183 00:06:55,100 --> 00:06:57,529 the analogy I always use to take this further is, 184 00:06:57,779 --> 00:07:00,279 if the plumber wants to show up at 2 a.m. 185 00:07:00,700 --> 00:07:02,709 drunk in a pink tutu. 186 00:07:03,320 --> 00:07:05,320 To do the plumbing on the house, 187 00:07:05,619 --> 00:07:08,890 that is the plumber's prerogative because as a subcontractor, 188 00:07:09,339 --> 00:07:11,130 the GC cannot say 189 00:07:11,779 --> 00:07:15,470 you have to show up at this hour wearing this outfit 190 00:07:15,730 --> 00:07:16,869 and not drunk. 191 00:07:17,339 --> 00:07:17,799 Now, 192 00:07:18,149 --> 00:07:18,399 if, 193 00:07:18,459 --> 00:07:22,130 if the drunkenness impacts the final product and it's not to code or something, 194 00:07:22,220 --> 00:07:22,420 OK, 195 00:07:22,459 --> 00:07:23,690 then we have another discussion. 196 00:07:23,739 --> 00:07:24,029 But 197 00:07:24,459 --> 00:07:25,089 the point is, 198 00:07:25,179 --> 00:07:26,869 2 a.m. drunk in a pink tutu, 199 00:07:27,049 --> 00:07:29,529 if the plumber does the job according to the contract, 200 00:07:29,809 --> 00:07:32,170 the general contractor has nothing to say about it. 201 00:07:32,959 --> 00:07:33,350 So, 202 00:07:33,359 --> 00:07:35,200 now let's go back to our industry. 203 00:07:36,799 --> 00:07:38,269 What's happening is 204 00:07:38,640 --> 00:07:40,029 that we are being told 205 00:07:40,359 --> 00:07:42,230 that we are subcontractors. 206 00:07:42,720 --> 00:07:44,070 So we're being hired 207 00:07:44,279 --> 00:07:45,950 and we're signing agreements 208 00:07:46,320 --> 00:07:49,230 that we are subcontractors in someone else's practice. 209 00:07:50,390 --> 00:07:52,799 But then we're being told the hours we have to work, 210 00:07:53,130 --> 00:07:54,929 the number of clients we have to see, 211 00:07:55,329 --> 00:07:59,480 we're being supervised and told we have to provide XYZ intervention 212 00:07:59,769 --> 00:08:01,649 or we have to 213 00:08:02,010 --> 00:08:03,980 conduct our sessions in this way, 214 00:08:04,450 --> 00:08:04,989 then 215 00:08:05,369 --> 00:08:06,579 we are given 216 00:08:07,130 --> 00:08:08,700 paper and pen 217 00:08:09,160 --> 00:08:10,279 and playrooms 218 00:08:10,609 --> 00:08:11,660 and printers 219 00:08:12,029 --> 00:08:19,450 and staples and Sharpies and file folders and computers and you name it. 220 00:08:19,829 --> 00:08:21,140 With which to do our job. 221 00:08:22,279 --> 00:08:24,980 And this is why the attorneys don't want anything to do with it. 222 00:08:25,269 --> 00:08:27,140 This is why the attorney turned me away, 223 00:08:27,589 --> 00:08:28,910 because that means that you're an employee. 224 00:08:30,790 --> 00:08:34,520 An independent contractor has to function completely independently. 225 00:08:35,729 --> 00:08:37,840 They have to provide all of their own tools. 226 00:08:38,940 --> 00:08:40,640 You cannot even use a pen. 227 00:08:41,500 --> 00:08:43,400 At the place that you work. 228 00:08:43,700 --> 00:08:45,059 If you are an independent contractor, 229 00:08:45,140 --> 00:08:46,190 you have to bring your own. 230 00:08:47,109 --> 00:08:48,479 You can't sit in 231 00:08:48,900 --> 00:08:49,869 someone else's 232 00:08:50,239 --> 00:08:51,750 desk chair that was provided. 233 00:08:52,000 --> 00:08:53,630 You have to provide your own desk chair. 234 00:08:53,719 --> 00:08:55,669 You have to outfit your entire playroom. 235 00:08:56,000 --> 00:08:58,669 Everything in the playroom has to be purchased by you. 236 00:09:00,890 --> 00:09:02,270 As an independent contractor, 237 00:09:02,330 --> 00:09:05,450 you are completely responsible to do your job and to 238 00:09:05,450 --> 00:09:07,719 have all the tools with which to do your job, 239 00:09:08,130 --> 00:09:10,200 and no one can give you oversight. 240 00:09:10,609 --> 00:09:12,000 They can't tell you what to wear, 241 00:09:12,169 --> 00:09:12,880 when to show up, 242 00:09:13,130 --> 00:09:13,719 what to do, 243 00:09:13,859 --> 00:09:14,580 how to do it. 244 00:09:14,609 --> 00:09:16,820 They can't force you to use any of their forms. 245 00:09:17,169 --> 00:09:18,059 They can't 246 00:09:18,489 --> 00:09:20,280 have any supervision over you. 247 00:09:21,679 --> 00:09:23,710 And I know a lot of you are reeling right now. 248 00:09:23,780 --> 00:09:25,450 This is why I'm doing this episode. 249 00:09:26,409 --> 00:09:27,150 Because you're going, 250 00:09:27,250 --> 00:09:28,359 oh my gosh, 251 00:09:28,429 --> 00:09:32,500 I was hired as an independent contractor and I am not being treated as one, 252 00:09:32,750 --> 00:09:33,229 right? 253 00:09:33,469 --> 00:09:35,619 And that's why the lawyers are having a field day, 254 00:09:35,869 --> 00:09:37,090 and that's why 255 00:09:38,119 --> 00:09:38,929 The 256 00:09:39,530 --> 00:09:41,289 attorneys are seeking 257 00:09:42,130 --> 00:09:46,859 audits of mental health agencies and practices all the time 258 00:09:47,250 --> 00:09:48,890 because they're busting people left and right. 259 00:09:50,690 --> 00:09:51,190 So 260 00:09:51,349 --> 00:09:52,219 now in contrast, 261 00:09:52,280 --> 00:09:53,280 as an employee. 262 00:09:54,489 --> 00:09:55,099 You 263 00:09:55,309 --> 00:09:58,380 can be completely governed and everything is provided for you. 264 00:09:59,549 --> 00:10:00,750 You can be supervised, 265 00:10:00,760 --> 00:10:01,940 you can be told what to do, 266 00:10:01,960 --> 00:10:02,530 when to do it, 267 00:10:02,599 --> 00:10:03,349 how to do it. 268 00:10:03,880 --> 00:10:07,359 That's all under an employment contract as an employee. 269 00:10:09,409 --> 00:10:11,030 So if you are currently 270 00:10:12,159 --> 00:10:13,950 Having people work under you 271 00:10:14,440 --> 00:10:17,710 as a practice owner or as an employer. 272 00:10:18,940 --> 00:10:20,190 You need to make sure 273 00:10:20,460 --> 00:10:22,940 that you are not doing employment fraud. 274 00:10:24,000 --> 00:10:26,969 Because what is happening is we are bringing on people 275 00:10:27,239 --> 00:10:28,669 that we are paying 276 00:10:28,960 --> 00:10:30,469 as independent contractors, 277 00:10:30,679 --> 00:10:32,520 but treating them as employees. 278 00:10:33,690 --> 00:10:36,109 And here's another related aside, 279 00:10:36,719 --> 00:10:37,000 many, 280 00:10:37,140 --> 00:10:37,549 many, 281 00:10:37,679 --> 00:10:38,599 like dozens, 282 00:10:38,799 --> 00:10:42,200 maybe hundreds of therapists have had conversations with me. 283 00:10:43,409 --> 00:10:44,190 About 284 00:10:44,590 --> 00:10:46,789 what to do regarding. 285 00:10:47,640 --> 00:10:50,030 I was told this was going to be my position. 286 00:10:50,070 --> 00:10:51,979 I was told this was going to be my role. 287 00:10:52,150 --> 00:10:54,250 I was hired to work this many hours. 288 00:10:54,270 --> 00:10:56,359 I was hired to see this many clients. 289 00:10:56,510 --> 00:10:57,429 I was 290 00:10:57,789 --> 00:10:59,340 given the impression that, 291 00:10:59,710 --> 00:11:02,030 and when I ask clarifying questions, 292 00:11:02,070 --> 00:11:03,619 it all comes back to, 293 00:11:03,950 --> 00:11:04,059 no, 294 00:11:04,150 --> 00:11:05,460 there was never a contract. 295 00:11:06,309 --> 00:11:06,469 No, 296 00:11:06,530 --> 00:11:08,539 there was never anything formal written up. 297 00:11:08,909 --> 00:11:09,030 No, 298 00:11:09,109 --> 00:11:10,359 I never signed anything. 299 00:11:10,469 --> 00:11:12,349 This was all just verbally discussed. 300 00:11:13,270 --> 00:11:13,789 Yikes, 301 00:11:13,830 --> 00:11:14,200 y'all, 302 00:11:14,349 --> 00:11:17,659 this is why we need business training to do this job. 303 00:11:18,950 --> 00:11:21,619 No one in the business industry would ever, 304 00:11:21,669 --> 00:11:21,940 ever, 305 00:11:21,989 --> 00:11:22,580 ever. 306 00:11:23,679 --> 00:11:26,549 Emphatically stated multiple times for a reason, 307 00:11:26,989 --> 00:11:28,280 would never. 308 00:11:29,250 --> 00:11:33,349 Do anything related to a job without a contract 309 00:11:33,349 --> 00:11:37,119 or an agreement or something signed stating expectations, 310 00:11:37,159 --> 00:11:38,039 responsibilities, 311 00:11:38,159 --> 00:11:38,770 duties, 312 00:11:38,799 --> 00:11:39,429 all of it, 313 00:11:39,799 --> 00:11:41,760 and we do it all the time. 314 00:11:42,119 --> 00:11:42,309 Oh, 315 00:11:42,359 --> 00:11:42,520 I mean, 316 00:11:42,599 --> 00:11:42,820 I, 317 00:11:42,840 --> 00:11:43,750 I trust her. 318 00:11:43,760 --> 00:11:44,789 I trust him. 319 00:11:45,000 --> 00:11:46,869 It we it was a handshake kind of thing. 320 00:11:47,080 --> 00:11:48,510 We just talked about it, 321 00:11:48,659 --> 00:11:49,059 we just, 322 00:11:49,880 --> 00:11:50,570 yikes. 323 00:11:51,409 --> 00:11:53,659 So not only are we not 324 00:11:53,849 --> 00:11:54,669 adhering 325 00:11:54,849 --> 00:11:58,450 to employment guidelines for what constitutes 326 00:11:58,450 --> 00:12:00,400 an employee versus a subcontractor, 327 00:12:01,010 --> 00:12:03,299 we are also not getting anything in writing, 328 00:12:04,010 --> 00:12:07,960 we're not having any kind of agreements or contracts that are formally drawn up, 329 00:12:08,409 --> 00:12:09,440 and if they are, 330 00:12:09,690 --> 00:12:13,210 they were like handwritten and they got off Legal Zoom 331 00:12:13,210 --> 00:12:16,440 and modified something and think that that's gonna work. 332 00:12:17,299 --> 00:12:19,929 There are legal loopholes over every single bit 333 00:12:19,929 --> 00:12:22,010 of everything that was drafted like that. 334 00:12:23,239 --> 00:12:25,549 A lawyer needs to craft 335 00:12:26,000 --> 00:12:27,109 an employment agreement. 336 00:12:27,229 --> 00:12:29,520 Whether you're an independent contractor or an employee, 337 00:12:29,570 --> 00:12:30,330 it doesn't matter. 338 00:12:31,349 --> 00:12:34,570 You need to have a lawyer involved in the 339 00:12:34,570 --> 00:12:37,530 construction of the agreement to protect both sides. 340 00:12:38,520 --> 00:12:40,010 The employer needs protection, 341 00:12:40,070 --> 00:12:41,599 the employee needs protection. 342 00:12:41,770 --> 00:12:43,119 It needs to be very clear. 343 00:12:43,330 --> 00:12:44,359 It needs to be 344 00:12:45,200 --> 00:12:45,770 very. 345 00:12:46,700 --> 00:12:48,260 Legally well written. 346 00:12:49,559 --> 00:12:51,780 And it needs to be ironclad. 347 00:12:51,869 --> 00:12:52,159 Why? 348 00:12:52,409 --> 00:12:55,340 Because inevitably you want to know how many conversations I've had 349 00:12:56,070 --> 00:12:57,729 specifically with coaching participants 350 00:12:58,030 --> 00:12:58,659 that have said, 351 00:12:58,969 --> 00:12:59,190 yeah, 352 00:12:59,270 --> 00:13:00,619 and now out of the blue, 353 00:13:00,750 --> 00:13:02,510 my boss is saying that 354 00:13:02,950 --> 00:13:04,780 I have to take PTO 355 00:13:05,109 --> 00:13:08,340 time if I don't meet a certain number of clients each week. 356 00:13:09,520 --> 00:13:10,190 And I said, 357 00:13:10,309 --> 00:13:10,369 well, 358 00:13:10,469 --> 00:13:11,880 I'm wondering what 359 00:13:12,229 --> 00:13:13,619 that said in the contract. 360 00:13:13,830 --> 00:13:14,210 Oh no, 361 00:13:14,309 --> 00:13:15,309 it didn't say that. 362 00:13:16,400 --> 00:13:16,869 Well, 363 00:13:17,039 --> 00:13:18,840 why is that being enforced now? 364 00:13:18,919 --> 00:13:19,039 Well, 365 00:13:19,159 --> 00:13:19,630 I mean, 366 00:13:19,799 --> 00:13:20,119 I don't know, 367 00:13:20,219 --> 00:13:21,080 it's just out of the blue. 368 00:13:21,119 --> 00:13:21,840 My boss was like, 369 00:13:21,849 --> 00:13:21,919 well, 370 00:13:22,000 --> 00:13:22,119 here, 371 00:13:22,200 --> 00:13:23,429 this is what we're gonna do now. 372 00:13:23,799 --> 00:13:25,640 If you don't have a contract number one, 373 00:13:25,679 --> 00:13:27,400 and or you don't have a well-written, 374 00:13:27,520 --> 00:13:28,330 well constructed, 375 00:13:28,479 --> 00:13:29,150 clearly 376 00:13:29,520 --> 00:13:30,789 drafted contract, 377 00:13:31,119 --> 00:13:32,469 you have nothing to fall back on. 378 00:13:33,830 --> 00:13:34,260 So, 379 00:13:35,020 --> 00:13:36,200 Food for thought, 380 00:13:36,489 --> 00:13:37,679 words to the wise. 381 00:13:38,650 --> 00:13:41,919 I really think that you all need to consider 382 00:13:42,409 --> 00:13:44,280 whether or not you've been classified, 383 00:13:44,650 --> 00:13:46,359 classified and categorized, 384 00:13:46,570 --> 00:13:46,809 wow, 385 00:13:46,929 --> 00:13:48,010 try to say those two, 386 00:13:48,450 --> 00:13:50,320 appropriately where you're working, 387 00:13:50,809 --> 00:13:53,400 and or if you have people working for you. 388 00:13:54,450 --> 00:13:56,929 Are you following employment guidelines? 389 00:13:57,650 --> 00:14:00,330 And are people actually being paid 390 00:14:00,739 --> 00:14:01,809 the way that they should be? 391 00:14:02,849 --> 00:14:05,849 And that was the first question that the lawyer asked me when I said, 392 00:14:05,929 --> 00:14:07,809 I want to bring on independent contractors. 393 00:14:07,890 --> 00:14:09,809 Can you draft me up an employment agreement? 394 00:14:09,929 --> 00:14:10,479 He was like, 395 00:14:11,260 --> 00:14:12,890 Are you gonna let them use your pens? 396 00:14:13,909 --> 00:14:14,719 And I was like, 397 00:14:14,830 --> 00:14:15,229 what? 398 00:14:15,849 --> 00:14:16,080 I mean, 399 00:14:16,119 --> 00:14:17,000 what a weird question, 400 00:14:17,039 --> 00:14:17,159 right? 401 00:14:17,260 --> 00:14:18,719 Like you're talking to an attorney and they're like, 402 00:14:18,760 --> 00:14:19,020 he goes, 403 00:14:19,080 --> 00:14:20,599 are you gonna let them use your pens? 404 00:14:21,280 --> 00:14:22,070 And I said, 405 00:14:22,479 --> 00:14:22,789 no, 406 00:14:22,880 --> 00:14:25,030 they provide their own pens normally. 407 00:14:25,239 --> 00:14:25,400 I mean, 408 00:14:25,479 --> 00:14:26,409 I guess if someone said, 409 00:14:26,520 --> 00:14:27,359 Can I borrow one, 410 00:14:27,400 --> 00:14:28,070 I might say yes. 411 00:14:28,080 --> 00:14:28,520 And he was like, 412 00:14:28,640 --> 00:14:28,760 no, 413 00:14:28,890 --> 00:14:29,469 you're not. 414 00:14:30,119 --> 00:14:33,150 You cannot provide them anything to do their job. 415 00:14:34,400 --> 00:14:35,130 And I mean, 416 00:14:35,169 --> 00:14:36,359 it's that clear. 417 00:14:36,729 --> 00:14:37,530 And here's what happens. 418 00:14:37,609 --> 00:14:37,630 You, 419 00:14:37,640 --> 00:14:40,080 you have someone come in from 420 00:14:40,530 --> 00:14:42,260 the department to audit, 421 00:14:42,690 --> 00:14:44,359 and that's the first thing they're going to ask, 422 00:14:44,690 --> 00:14:46,770 what does your employer provide you with? 423 00:14:47,609 --> 00:14:48,799 To do your job. 424 00:14:49,250 --> 00:14:51,599 And if you are hired as an independent contractor, 425 00:14:51,719 --> 00:14:54,880 and the only answer you can give is nothing. 426 00:14:55,770 --> 00:14:57,059 To have that not 427 00:14:57,530 --> 00:14:58,489 go really south, 428 00:14:58,570 --> 00:14:59,239 really fast. 429 00:15:00,919 --> 00:15:01,890 So, 430 00:15:01,929 --> 00:15:03,130 just wanted to make you aware, 431 00:15:03,210 --> 00:15:04,440 it's my little 432 00:15:04,890 --> 00:15:06,280 public service announcement, 433 00:15:06,409 --> 00:15:07,960 my duty to inform. 434 00:15:08,859 --> 00:15:12,099 I think we really need to evaluate what we're doing as an 435 00:15:12,099 --> 00:15:15,640 industry because we're already getting a pretty bad rap in the legal world 436 00:15:15,890 --> 00:15:16,859 and it's just it's, 437 00:15:16,929 --> 00:15:17,090 I mean, 438 00:15:17,210 --> 00:15:18,469 deservedly a bad rap, 439 00:15:18,530 --> 00:15:19,280 quite honestly, 440 00:15:19,729 --> 00:15:22,239 because I hear it and see it all the time. 441 00:15:23,070 --> 00:15:24,309 So just be mindful, 442 00:15:24,429 --> 00:15:25,260 be careful, 443 00:15:25,469 --> 00:15:26,609 get stuff in writing, 444 00:15:26,789 --> 00:15:28,869 have lawyers draw up your contracts, 445 00:15:29,030 --> 00:15:31,820 make sure that you are using wisdom 446 00:15:32,130 --> 00:15:32,880 and 447 00:15:33,590 --> 00:15:34,229 thought 448 00:15:34,590 --> 00:15:36,869 in the things that you're doing when you're getting hired. 449 00:15:36,880 --> 00:15:37,340 And look, 450 00:15:37,429 --> 00:15:39,789 if you're in a situation where you now know, 451 00:15:39,869 --> 00:15:40,510 oh my goodness, 452 00:15:40,630 --> 00:15:41,590 I am not, 453 00:15:41,789 --> 00:15:42,719 I'm not being 454 00:15:43,030 --> 00:15:44,340 categorized appropriately. 455 00:15:44,590 --> 00:15:47,429 I am 100% an employee based on these guidelines, 456 00:15:47,469 --> 00:15:48,119 but I'm 457 00:15:48,369 --> 00:15:48,659 You know, 458 00:15:48,940 --> 00:15:50,890 on the books as an independent contractor, 459 00:15:51,260 --> 00:15:55,210 you need to have a conversation with your boss or the owner or whoever is in charge. 460 00:15:55,659 --> 00:15:56,570 And if you are going, 461 00:15:56,659 --> 00:15:57,270 oh my goodness, 462 00:15:57,380 --> 00:16:00,340 I'm on like a handshake and a wink kind of deal where I 463 00:16:00,340 --> 00:16:03,169 work and I have nothing in writing and I have no contract. 464 00:16:04,020 --> 00:16:05,750 You need to have a conversation. 465 00:16:06,500 --> 00:16:07,330 You'd say, 466 00:16:07,539 --> 00:16:08,809 so I've been made aware of some things, 467 00:16:08,859 --> 00:16:10,929 I've been learning a lot about employment law, 468 00:16:11,619 --> 00:16:12,260 and 469 00:16:12,619 --> 00:16:15,169 I would really like to have a contract drawn up, 470 00:16:15,580 --> 00:16:20,659 or I would really like to be re-categorized because I'm technically an employee. 471 00:16:21,479 --> 00:16:22,429 And 472 00:16:22,630 --> 00:16:25,229 these are maybe potentially difficult conversations, 473 00:16:25,309 --> 00:16:26,549 but they're necessary ones. 474 00:16:27,719 --> 00:16:29,380 So I hope that that encourages you, 475 00:16:29,479 --> 00:16:30,039 supports you, 476 00:16:30,159 --> 00:16:32,390 and will help you in your work because 477 00:16:32,880 --> 00:16:33,270 we, 478 00:16:33,280 --> 00:16:34,320 we need to make sure that we're 479 00:16:34,320 --> 00:16:37,710 doing things legally and ethically and appropriately 480 00:16:37,919 --> 00:16:38,789 and sometimes 481 00:16:39,080 --> 00:16:41,330 that's not our responsibility when it starts, 482 00:16:41,400 --> 00:16:43,849 but it's our responsibility once we're made aware of 483 00:16:43,849 --> 00:16:45,830 something that is the way that it shouldn't be. 484 00:16:47,030 --> 00:16:47,270 All right, 485 00:16:47,429 --> 00:16:49,020 so palate cleanse episode, 486 00:16:49,109 --> 00:16:49,669 there you go, 487 00:16:49,750 --> 00:16:50,140 just 488 00:16:50,390 --> 00:16:50,900 little 489 00:16:51,270 --> 00:16:52,700 off the beaten path topic, 490 00:16:53,070 --> 00:16:55,820 and we will move into a new series next time. 491 00:16:55,989 --> 00:16:59,119 So this was just a a one and done kind of episode 492 00:16:59,510 --> 00:17:01,150 and I would love to hear from you if you'd 493 00:17:01,150 --> 00:17:03,650 like to reach out brenna@thekidcounselor.com. 494 00:17:04,030 --> 00:17:04,319 Oh, 495 00:17:04,510 --> 00:17:06,900 really quickly before we wrap up. 496 00:17:07,750 --> 00:17:10,380 Thank you to each and every one of you 497 00:17:10,868 --> 00:17:14,150 who has reached out to me and I have passed that on to Lee. 498 00:17:15,150 --> 00:17:16,770 For how 499 00:17:17,108 --> 00:17:17,618 that 500 00:17:17,910 --> 00:17:20,420 final neutrality episode and the 501 00:17:20,640 --> 00:17:21,189 write-up 502 00:17:21,630 --> 00:17:24,339 that Lee provided to us and let me read 503 00:17:24,829 --> 00:17:26,310 how that has impacted you. 504 00:17:26,569 --> 00:17:29,189 So many of you have asked if you can print it and 505 00:17:29,189 --> 00:17:32,180 frame it or hang it up somewhere or read it to yourself. 506 00:17:32,579 --> 00:17:33,510 Lee has graciously. 507 00:17:33,680 --> 00:17:35,199 said absolutely yes. 508 00:17:35,449 --> 00:17:38,849 And I just wanted to say thank you for the feedback that you've given. 509 00:17:38,910 --> 00:17:40,479 I've passed it along to her. 510 00:17:41,010 --> 00:17:41,709 She is 511 00:17:42,050 --> 00:17:43,209 flabbergasted 512 00:17:43,530 --> 00:17:46,020 by the response and did not expect 513 00:17:46,329 --> 00:17:50,000 to have that shared and did not expect to have it have the impact that it has. 514 00:17:50,050 --> 00:17:50,410 So 515 00:17:51,030 --> 00:17:53,550 Huge thank you to each and every one of you for letting 516 00:17:53,550 --> 00:17:57,300 me know that that was so meaningful and that that really has just 517 00:17:57,550 --> 00:18:01,060 wrapped up the neutrality series for you in a really special way as it did for me. 518 00:18:01,189 --> 00:18:03,180 So I appreciate all of you letting me know that, 519 00:18:03,189 --> 00:18:04,339 and I promise I've, 520 00:18:04,630 --> 00:18:06,349 I've given credit where credit's due and I've 521 00:18:06,349 --> 00:18:08,400 passed along all of your appreciation and, 522 00:18:08,500 --> 00:18:10,260 and the impact that it's had. 523 00:18:10,829 --> 00:18:11,069 All right, 524 00:18:11,150 --> 00:18:11,510 love y'all. 525 00:18:11,589 --> 00:18:12,469 We'll talk again soon. 526 00:18:12,630 --> 00:18:12,829 Bye. 527 00:18:13,969 --> 00:18:16,729 Thank you for listening to the Play Therapy Podcast with Dr. 528 00:18:16,890 --> 00:18:17,890 Brenna Hicks. 529 00:18:18,010 --> 00:18:20,000 For more episodes and resources, 530 00:18:20,089 --> 00:18:24,829 please go to www.playtherapypodcast.com.