Employee or independent contractor?
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According to page 322 of your text, there are two different kinds of agents; employees and independent contractors. It is important that workers be properly classified because a principle (an employer) is liable for the torts of his employee, but is usually not liable for the torts of an independent contractor. In addition, an employer is responsible for withholding taxes from an employee, but not from an independent contractor.
Q. 1. Using the factors for determining whether a worker is an employee or an independent contractor (see page 322 of your text) analyze a work situation (either yours or a friends) that you believe was misclassifed as an independent contractor relationship, but was in reality, an employment situation. Do not use the actual or real name of the employer on this discussion board, but say, for instance, a restaurant or a construction company.
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