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heres your merit...


If the services must be rendered personally, presumably the person or persons for whom the services are performed are interested in the methods used to accomplish the work as well as in the results. See Rev. Rul. 55-695, 1955-2 C.B. 410.

As a contractor you get contract, are given an ID badge. Only the perosn with an ID badge can perform the work. Hmmm....
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A continuing relationship between the worker and the person or persons for whom the services are performed indicates that an employer-employee relationship exists. A continuing relationship may exist where work is performed in frequently recurring although irregular intervals. See United States v. Silk, 331 U.S. 704 (1947), 1947-2 C.B. 167.

Irregular intervals...I wonder if this means contractors should be expected to show up at the office on a set schedule.I doubt it, but Im sure your opinion differs. Hmmmmm.........
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The establishment of set hours of work by the person or persons for whom the services are performed is a factor indicating control. If the nature of the occupation makes fixed hours impractical, a requirement that workers be on the job at certain times is an element of control. See Rev. Rul. 73-591,1973-2 C.B. 337.
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no need to comment on this one
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Training a worker by requiring an experienced employee to work with the worker, by corresponding with the worker, by requiring the worker to attend meetings, or by using other methods, indicates that the person or persons for whom the services are performed want the services performed in a particular method or manner.
This is true even if the training was only given once at the beginning of the work relationship. See Rev. Rul. 70-630, 1970-2 C.B. 229.

Ever seen an ad saying "looking for sub. exp perferred but will train." I know I have.
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An independent contractor, on the other hand, is free to work when and for whom he or she chooses. See Rev. Rul. 56-694, 1956-2 C.B. 694.
A requirement that the worker submit regular or written reports to the person or persons for whom the services are performed indicates a degree of control. See Rev. Rul. 70¬309, 1970-1 C.B. 199, and Rev. Rul. 68-248, 1968-1 C.B. 431.
Payment by the hour, week, or month generally points to an employer-employee relationship, provided that this method of payment is not just a convenient way of paying a lump sum agreed upon as the cost of a job. In such instances, the firm assumes the hazard that the services of the worker will be proportionate to the regular payments.

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I could go on but who would listen. Having one or two of these factors probably would not make you an employee , but having all these and more I think would make you an employee. I could be wrong, but I doubt it.

Anyway theres the merit you say I lacvk. I didnt make these rules Im just quoting them.

Have a good one
This is CABL.com posting #174790. Tiny Link: cabl.co/mTDm
Posted in reply to: Re: W/C by Trey9007
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