If you determine that the worker qualifies as an IC, complete and sign an independent contractor agreement before the IC starts work. (See Chapter 13 for guidance on creating an independent contractor agreement.) However, the IC may have his or her own agreement. If so, ask for a copy and use it as your starting point in drafting the agreement. This will show that the agreement is a real negotiated contract, not a standard form you forced the worker to sign. Pay particular attention to whether the IC’s agreement contains any provisions that should be deleted or amended, or whether new provisions should be added.