Totality of the Circumstances determines employee or independent contractor

English: Great Seal of the State of Colorado

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From Colorado Employment Lawyers –

“The Courts found that the question of whether or not an individual actually provided services for someone other than the employer is not conclusive proof of an employer-employee relationship. The Courts pointed out that one single factor should not be viewed as determining whether an employee is an employee or an independent contractor. Other factors such as whether or not the individual maintained an independent business card, listing, address or telephone, uses his own equipment, sets the price for the project, or employed others to complete the project, should also be considered in making the determination.

The Courts determined that, rather than requiring analysis of whether or not the nine factors have been met, a more accurate test would be to determine the nature of the working relationship between the parties, which may include the nine factors in the statute, but may also include other information relating to the relationship between the employer and the individual. In short, the determination must be tested by the totality of the circumstances, considering the dynamics of the relationship between the individual and the employer.”

Read the full story at INDEPENDENT CONTRACTOR IN COLORADO UNEMPLOYMENT COMP.[link no longer works]

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