Independent Contractor Status: Behavioral Control


 

By:  Martha Jenkins

Behavioral Control

You must consider evidence that substantiates the right or not to direct or control the details and means by which the worker performs the required services. Instructions and training provided by the business are important in this context. In considering the types of evidence discussed, remember ALL relevant information must be considered and weighed to determine whether a worker is an independent contractor or an employee.

  • Instructions – Virtually every business will impose on workers, whether independent contractors or employees, some form of instruction (e.g., requiring the job be performed within specified time frames). This fact alone is not sufficient evidence to determine the worker’s status. As with every relevant fact, the goal is to determine whether the business has retained the right to control the details of a worker’s performance or instead has given up its right to control those details. Accordingly, the weight of “instructions” in any case depends on the degree to which instructions apply to how the job gets done rather than to the end result. 

  • Training – Training is a classic means of explaining detailed methods and procedures to be used in performing a task.  Periodic or on-going training provided by a business about procedures to be followed and methods to be used indicates the business wants the services performed in a particular manner. This type of training is strong evidence of an employer-employee relationship.

The Independent Contractor Status Determination course will help you analyze the specifics of your situation for correct independent contractor and employee classifications.

Notice:  Alliance Training and Consulting, Inc. provides the contents of this page for general purposes only. You should not substitute this information for individual consultation with a qualified professional in the field. Alliance Training and Consulting, Inc. is not engaged in rendering legal services.

By:  Martha Jenkins

© 2015 Alliance Training and Consulting, Inc.

 


 

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