Hi, thanks for submitting your question today. My name is***** have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
Some preliminary questions:
How long have you worked for this company?
Do you answer yes to any of these, and which ones?
1. your employer exercise control over the manner you complete a job(when, where, how you do the work);
2. you usually work under supervision;
3. you work for the employer month after month or year after year instead of completing a job when the contract period ends;
4. your employer or co-worker train you to perform a job in a certain way and you learn your job from watching experienced employees, or attend meetings or courses;
5. you complete the tasks assigned to you, and cannot hire assistants to perform the work you were hired to do;
6. your job and work are part of the daily operations of the business and your assignments are coordinated with other employees in the company, and the success of the business depends upon that work being done. For example, an office clerical worker is probably an employee because his work is coordinated with supervisors and other staff members, while an AC repairman hired by a restaurant to fix the AC unit is probably an independent contractor because during and after that project, he will have little or no interaction with any of the other employees (cooks, bartenders, waitresses, etc.);
7. your services are for the most part available only to the employer and not to the general public;
8. you are an integral part of the employer's business and rarely, if ever,offer your services to someone other than your employer;
9. your employer sets your schedule instead of coming and going as you please;
10. you must work at the employer's place of business, or at another location determined by the employer;
11. your employer pays you on a set schedule in regular amounts by the hour or salary;
12. your employer determines the order in which you must complete certain jobs,especially if the same outcome could be achieved by doing the tasks in a different order;
13. your employer gives you materials and tools needed to complete the job;
14. you typically work for one company instead of several customers at the same time.