TIP #10

Subcontractor or Employee?

The courts have considered many factors in deciding whether a worker is a subcontractor or an employee. They can be divided into three categories:

• Behavioral control: Do you have the right to direct how the work is done (training & instructions)
• Financial control: Do you have the right to control the economic aspects of the work
• Relationship of the parties: How do you and the worker view your relationship (employee benefits & written contracts)