Legal Question in Employment Law in California

Re: Employee or subcontractor

This is not a simple answer because there are many factors that go into determining whether someone is an employee versus an independent contractor. To make things more confusing, different government agencies use different tests.

Probably the single most importatnt factor is the degree of control the employer has over the worker. True independent contractors are not supervised, work by their own schedule and use their own tools, equipment, and ingenuity to get the job done. They have the freedom to contract with others and cannot be fired at will. If this is a very important issue to you, schedule an appointment with an experienced employment law attorney and run the factual scenario by him or her to get an informed professional opinion.