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Essay / Research Paper Abstract
This 3-page paper focuses on the legal differences between an independent contractor and employee. Bibliography lists 1 source.
Page Count:
3 pages (~225 words per page)
File: D0_MTcontempl.rtf
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Unformatted sample text from the term paper:
of taxes and contracts. Employees, for the most part, have taxes taken out of their salaries. Companies pay toward FICA, or the federal tax. Independent contractors, however, are responsible for
paying their own taxes (and for payment of unemployment taxes). Also from a human resources perspective, independent contractors dont receive benefits, such as insurance or paid time off, unlike employees.
But how do the courts decide and view the differences between employees and independent contractors?
To answer this question, it would be helpful to define how the law views an independent contractor. According to the courts, an independent contractor is someone (or a business)
that performs services for a company or person under an either express or implied agreement (Lectric Law, 2008). Unlike an employee, an independent contractor is not under the entitys control.
On the other side of the coin, the entity hiring the independent contractor isnt liable to others for acts or omissions on the contractors part (Lectric Law, 2008).
An employee, of course, is a different animal, so to speak. An employee is under the entitys control, while a company that hires
an employee is liable for acts the employee might perform. When it comes to determining whether someone is working as an
independent contractor or employee, courts tend to examine the degree of control that the company exercises over the persons work (Lectric Law, 2008). While an employer has the right to
control an employee, the employer doesnt have the right to control or direct an independent contractor (Lectric Law, 2008). For example, if an employer carefully controls the independent contractors hours,
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