Blog

Independent Contractor Properly Classified


But when an Independent Contractor is properly classified, it is a boon to the employer – especially when that person tries to sue their employer for improper termination, discrimination, etc. – because they are not actually an employee

In California’s Varisco v. Gateway Science and Engineering, Inc., the 2nd Appellate Court ruled that an Independent Contractor was properly classified, and thus threw out Varisco’s wrongful termination claim.

Control is the principal factor in determining whether an individual worker is an employee or an independent contractor. “An independent contractor is ‘one who renders service in the course of an independent employment or occupation, following his employer’s desires only in the results of the work, and not the means whereby it is to be accomplished,’” wrote the court, quoting prior cases.

There are numerous secondary factors in determining an Independent Contractor status, very well outlined by Chris Olmstead of Barker Olmsted & Barnier.

Recent Posts

See All

9 Ways to Lead the Return To “Normal”

Things are starting to stabilize. Things appear to be getting better. The curve, for now, appears to be flattening. But make no mistake: The anxiety people have is manifest 24/7. They’re worried about

How Smart Companies Streamline Their HR

For the past twenty years, we’ve helped more than 250 businesses and organizations with Human Resources. We’ve learned a thing or two about what works and what doesn’t. Regardless of company size, wha

Keep Your Best Employees By Asking These Questions

A very wise man once said if you ask enough “stay interviews”, you’ll be doing a lot less “exit interviews”. I have seen very few businesses that can’t benefit from more frequent and quality interacti