Should Joan Be Considered An Employee Or Independent Contractor?

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When you considered yourself being and independent contractor and the company you work for dictates your ever move. That could mean you are an actual employee. Some companies have a hard time with this portion of the business and a lot of people have been penalized for it. This paper will explain the difference between an employee and an independent contractor. Furthermore, the paper will test whether or not Joan is considered an employee or independent contractor. Rules for Distinguishing Between Employee and Independent Contractor The more the principal (employer) has over an agent (Independent Contractor), the more likely that the agent will be considered an employee (Beatty, Samuelson, & Bredeson, 2013). An agent or an independent contractor is provided a scope of work of the business, but the business performance is based off of the knowledge of the individual and is done by their expertise without the interference from the paying principal. Compensation is rendered upon the agreement of the contract. An …show more content…

In reading the scenario, it should be determined that Joan is an employee. Joan performs her work with in the offices of Madrid and Berne. Joan utilize the offices supplies and only does the work that is provided by the principal, Madrid and Berne. Joan did not make her demands they were given to her, this is not a roll of an independent contractor. Joan is getting paid weekly and not when she completes a client service. Some independent contractors due work in the principal’s office but a lot of what they do is dictated by themselves not in this case. Stafford writes in his Wake Forest Law Review, “the same worker can be an employee for purposes of one statute and an independent contractor under… other statutes” (Stafford, 2016, p. 1233). This is the reason Joan can be considered both independent contractor and employee. However, in this certain instance she is considered an employee rather than an independent