The more control an employer tries to assert over a worker it intends to treat as an independent contractor, the more likely that worker is actually an employee.
That’s why you should make sure independent contractors have the leeway to work for others and maintain their own schedules.
Recent case: Marci Schneider, who holds a law license, filed a claim for unemployment compensation after the attorney she was doing research for no longer needed her services.
But the state turned down her request after the attorney showed that Schneider was free to pursue her own clients, come and go as she pleased, work from anywhere and for the most part, control her own day and work. The court said she was essentially self-employed and not eligible for benefits. (Schneider v. Unemployment Compensation Board of Review, No. 2238 C.D. 2009, Commonwealth Court of Pennsylvania, 2010)