That requirement is what makes me LOL at people who say " IM a contractor because I can do whatever I want" they say they're contractors because they have the option to leave the company if they dont like it there any longer. These are exactly the things that point to an employer/employee relationship. Why? Because all these things can be found under the definition of AT-WILL emplyment.
Try looking at it like this. Your mom hires a contractor to remodel her kitchen. In the middle of the job the contractor decides to stop the project because he has gained a contract with a hotel chain that will keep him busy for years. The floors are ripped up, the walls are down, and the electrical is incomplete. The contractor can not just leave your mom high and dry with out consequence. The courts will find him liable. If you were an employee of the contractor you have the right to just leave. The contractor is responsible for running his business and making sure he has the manpower to get the job done. He is liable for all this because he is a contractor/company. Employees can end a relationship with an employer at will, and not look back.
As a cable/sat worker you could not be harmed by this language. In most cases cable/sat workers are required to go through background checks and drug screens. This is so the company can be selective on who is allowed to do the work. Problem is that contractors are supposed to be able to hire and fire. Meaning you should be able to pass the work on to your employees if need be. Saying ONLY you can perform the work is a form of conrol. This is what would make this language mute. How can you be liable when the company will not allow you to excercise all your rights as a contractor, and allow you to make changes in manpower in your own business.
Now. if the contractor working for your mom took the other contract but also filled the contract with your mother, everythings fine. He has the right to hire additional employees to fill both contracts. Something you as a so called cable/sat contractor cant do because the companies will not allow it.
The key to remember is that no 1 factor alone determines your classification. The entire relationship is examined.
Re: forgot to paste the question........
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