Ind. Contractor vs. Employee - Posted by John Merchant
Posted by John Merchant on August 02, 2003 at 14:41:43:
You aren’t liable for what independent contractors might do for you. Whereas you surely would be liable for what an employee does for you.
The legal test is whether the person is under your control. Since of course none of those folk would be, they would not be your employees*.
Just be careful NOT to have any agreements with them that, in any way, give YOU any control over how, when, where, how often, etc. they do their advertising.
I had a lawsuit once where a trucking company had their lawyer do a written contract and the lawyer (an otherwise very able guy) had drafted a contract a written contract that my client’s deceased Husband had signed, agreeing to drive a truck for the trucking company.
The written K had spelled out and included every possible kind of control, so it basically made the truck co. an employer and the decedent an employee! Not intentionally done by the lawyer! And certainly NOT what the truck co. wanted!
While driving it, he was killed. The widow hired me to collect on the truck co’.s workers comp. When I sued on the WC, the insurance co. lawyer alleged my decedent was an Ind. Contractor, not an employee.
When I unearthed the written contract, it destroyed the Ind. C’or theory, and the WC insurance co. quickly paid the claim.
*Unless the state where the person is performing his services has enacted some kind of special legislation stating that an advertiser like your friends, ARE thereby becoming your employees. Could have happened, so just advise you to check it out. And be aware, that if the advertising is done in another state, that state’s laws could be pertinent also.