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It is critical that business owners correctly determine whether the individuals providing services are employees or independent contractors. Talk to your Employer.First, you can try to talk to your employer to see if it will review your classification and reclassify you as an employee. Learn about AB 5 and how to determine if a worker is an independent contractor or employee. Though a company may believe certain workers are independent contractors, they may actually be classified as employees based on employment law. Instead, a variety of tests exists to determine whether a worker is an independent contractor for the purposes of: â–« common law;. â–« unemployment insurance;. This fact sheet provides general information concerning the meaning of "employment relationship" and the significance of that determination in. Petitioner had been treating SH as an independent contractor. Petitioner had been treating SH as an independent contractor.