Cindy, a retired magazine editor, has been engaged by Microsoft to write, format and edit their monthly newsletter. She spends considerable time at Microsoft interviewing employees for pieces that she then writes for the newsletter and utilizes their supplies and resources to format and disseminate the newsletter. Is Cindy an employee or independent contractor? If Cindy's newsletter calls Salley, the CFO, a crook, could Microsoft be sued? If so, what would the cause of action be for?