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You’ll need to fill-in the appropriate information. com 42 HOW TO SAFELY AND LEGALLY HIRE INDEPENDENT CONTRACTORS Clause 17. Confidentiality (Optional) ICs often learn about a hiring firm’s trade secrets during the course of their work. A trade secret is information or know-how that is not generally known by others and that provides its owner with a competitive advantage in the marketplace. The information can be an idea, written words, a formula, process or procedure, technical design, customer list, marketing plan or any other secret that gives the owner an economic advantage.
Be aware, however, that not everything qualifies as a trade secret. For example, the general knowledge, skills and experience an IC acquires while working for you are not trade secrets and are therefore not covered by this nondisclosure provision. Other things that don’t qualify as your trade secrets include: • material which is publicly available—for example, published in a trade journal, • material already in Contractor’s possession or known to Contractor without restriction before he or she began working for you, and • material the IC obtains from sources other than you.
Check your workers’ compensation or general liability policy, or ask your agent, to learn whether you are required to obtain certificates of insurance from ICs who work for you, establishing that the IC himself is insured. Choose the Optional Language if you want the worker to provide his or her own workers’ compensation coverage. com Clause 11. Unemployment Compensation Federal law requires that all states provide most employees with unemployment compensation, called unemployment insurance in some states.