It really does not matter what your Independent Contractor Agreement Says

Once again, the Oregon Court of Appeals reminds us that when it comes to whether an individual is an employee or an independent contractor, the test is “fact specific” and not dependent upon the terms of an employment contract.   You can call your agreement an Independent Contractor Agreement, and recite that the individual is free from direction and control in performing services, but the agreement will not trump a factual analysis of whether, in fact, the contracting party had a right to control the work/services performed by the alleged contractor.


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