Free West Virginia Independent Contractor Agreement Template

A West Virginia independent contractor agreement is a written contract between a principal and a self-employed worker. It covers the job, the pay, and the schedule.

Here the contract does unusual work. State law makes a signed written agreement the first criterion for contractor status, and it specifies what that agreement should acknowledge.

The West Virginia Employment Law Worker Classification Act sits at Section 21-5I-4 of the state code. Meeting its criteria classifies a person as an independent contractor for workers’ compensation, unemployment compensation, Human Rights Act, and wage payment purposes.

So a West Virginia independent contractor agreement is doing structural work here, not just recording a deal.

The Four Criteria

• The person signs a written contract containing the acknowledgements the statute lists.
• The person either files, or is contractually required to file, a business or self-employment tax return, or provides services through a business entity or a registered trade name.
• The person actually and directly controls the manner and means by which the work is accomplished, even without control over the final result.
• The person satisfies three or more of nine further criteria.

If the Criteria Are Not Met

Nothing is lost automatically. Instead, workers who fall outside the criteria are classified using the 20-factor test in Internal Revenue Service Revenue Ruling 87-41.

So the Act works as a safe harbour rather than a barrier. Missing it simply returns you to the familiar federal analysis.

Also worth knowing: meeting the criteria never forces your hand. A principal remains free to hire the worker as an employee.

Five specific points. Under the Act, the written contract states the principal’s intent to engage the person as an independent contractor, and then records that the person understands they are:

• Providing services for the principal as an independent contractor
• Not going to be treated as an employee of the principal
• Not going to receive workers’ compensation or unemployment compensation benefits from the principal
• Obligated to pay all applicable federal and state income taxes on money earned, with no withholding by the principal
• Responsible for the majority of supplies and variable expenses incurred in performing the services

That last point carries exceptions. Non-local travel, expenses reimbursed under an express contract provision, and reimbursements that are common industry practice all sit outside it.

The statute asks for substantial compliance rather than exact wording. Even so, a West Virginia independent contractor agreement that omits these acknowledgements misses the first criterion entirely.

No agency receives the contract. Signing binds it, and here the signed document is part of the legal test rather than mere evidence.

1. Draft the agreement with all five acknowledgements included.
2. Confirm the person files business taxes or works through a registered entity.
3. Both parties sign and date before work begins.
4. Check that at least three of the additional criteria apply.
5. Keep the signed contract with invoices and licence records.

Three of the nine must apply. They include whether the person:

• Controls the amount of time personally spent providing services
• Controls where the services are performed, absent location-specific work
• Is not required to work exclusively for one principal
• Is free to solicit others to purchase their services
• Is free to hire employees, assistants, helpers, or substitutes
• Bears the cost of required licences, insurance, certifications, or permits

One limit is worth flagging. This test governs workers’ compensation, unemployment, Human Rights Act, and wage payment questions only, so it does not settle vicarious liability or agency questions in tort.

For anything unusual, therefore, a West Virginia attorney can read the Act against your facts. Customize your West Virginia agreement now and download it in PDF or Word.