The basic test for determining whether a worker is an independent contractor or an employee is whether the employer has the right to control the manner and means by which the work is performed.

When the employer has the “right of control” (instruct/supervise) , the worker will be an employee even if the employer never actually exercises the control.

If the employer does not have the right of control (instruct/ supervise), the worker will generally be an independent contractor.

Mora Business Solutions Inc. Provides packages preparing filing and mailing 1099’s to your contractors and/or setting up payroll, filing payroll taxes, preparing, filing and mailing w2’s for your employees.

If the employer has the right to fire the worker at will, it indicates that the worker is an employee.

Independent contractors cannot be fired before the job is complete unless they violate terms of the contract. They are not free to quit and walk away until the job is complete.

If a worker performs work that is necessary part of the business, it indicates the worker is an employee. (For example, a sales clerk in a shoe store)

Independent contractors perform services on an occasional basis that are not essential part of the business. (For example, a plumber hired to fix the pipes in the bathroom of a store)

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