Lardiere McNair DiNicola & Stonebrook Ltd
Employee or Independent Contractor?
LARDIEREMCNAIR
June 24, 2014

Have you ever wondered what the difference is between an employee and an independent contractor? Every situation is different, but here is a list of tips and hints.

• A worker required to comply with others' instructions on when, where, and how to work is usually an employee.

• Training a worker indicates that services are to be performed in a particular manner/method.

• Integration of a worker's services into the business operations indicates control.

• Services to be rendered personally indicates control.

• The right to hire, supervise, and pay assistants shows control.

• A continuing relationship indicates control.

• Set hours for the work indicates control.

• Full time work indicates control. An independent contractor is free to work when and for whom he/she chooses.

• Work performed on a business' s premises suggests control.

• A requirement that the worker submit regular or written reports indicates control.

• Payment by the hour, week or month indicates an employment relationship.

• Payment/reimbursement of business expenses indicates an employment relationship.

• Furnishing of tools and equipment indicates an employment relationship.

• Investment by the worker in facilities indicates an independent contractor.

• Ability to realize profit or loss from services indicates an independent contractor.

• Working for more than one firm or business at a time indicates an independent contractor.

• Services available to the general public on a regular and consistent basis indicates an independent contractor.

• The right to discharge a worker indicates an employment relationship.

• The worker's right to terminate the relationship without liability indicates an employment relationship.

 If you have any questions, please contact Lardiere McNair.

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