When determining whether an individual is more appropriately classified as an employee or IC, ask yourself the following questions:
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Yes |
No |
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1.
Is the individual's work vital to the company's core business? |
Employee activities are integrated with the organization's business operations. |
IC services are typically limited to non-essential business activities. |
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2.
Did you train the individual to perform tasks in a specific way? |
Employees are usually taught the specific work procedures that they are expected to follow and must comply with any other employer requirements with regard to these activities. |
ICs are generally considered "experts" in their field and, as such, can determine which work methods are most appropriate. Additionally, they are typically held accountable only for outcomes, not the means with which they are achieved. |
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3.
Do you (or can you) instruct the individual as to when, where, and how the work is performed? |
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4.
Do you (or can you) control the sequence or order of the work performed?
The copyright of the article Employee vs. Independent Contractor: A Game of 20 Questions - Page 2 in Human Resources is owned by . Permission to republish Employee vs. Independent Contractor: A Game of 20 Questions - Page 2 in print or online must be granted by the author in writing.
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