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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
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Experience:  10 years experience
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I am a small business owner in Texas and own a retail

Customer Question

I am a small business owner in Texas and own a retail flooring company. Why is TWC considering my independent sales people employees when they: use own vehicles; I give no direction as to what to sell; they have their own contacts.
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Hello, I'm Robin. Welcome to JustAnswer. I'm reviewing your question now and typing up my reply. I'll post that in just a few moments.

Expert:  Robin D. replied 1 year ago.

The Texas Unemployment Compensation Act does not directly define "independent contractor".

Instead, it sets forth a broadly inclusive test, known as the "direction or control" or "common law" test, for who is an employee: "'employment' means a service, including service in interstate commerce, performed by an individual for wages or under an express or implied contract of hire, unless it is shown to the satisfaction of the Commission that the individual's performance of the service has been and will continue to be free from control or direction under the contract and in fact"

TWC has adapted the old IRS twenty-factor test for use by the agency.

You would have to ask TWC what factors in the 20 tests you missed for specifics but I would think one would be INTEGRATION: Services of an Employee are usually merged into the firm's overall operation; the firm's success depends on those Employee services.
An Independent Contractor's services are usually separate from the client's business and are not integrated or merged into it.