Delaware Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor
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How to fill out Jury Instruction - 10.10.3 Employee Vs. Self-Employed Independent Contractor?
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FAQ
Generally speaking, the difference between independent contractors and employees in California is whether or not the entity paying for services has the right to control or direct the manner and means of work (tending to signify an employment relationship.)
Worker Classification Test Delaware uses a ?right of control? test to determine whether a worker is an employee or an independent contractor, which is part of the ABC test.
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
It is important for an employer to be aware of the distinction between employee and contractor as this will affect whether an individual benefits from various employment protections. Failure to correctly classify an individual could therefore result in claims against the employer by an individual.
These factors are reflected on IRS Form SS-8, (this form can be downloaded at .irs.gov)?Determination of Employee Work Status for Purposes of Federal Employment Taxes and Income Tax Withholding.?