Question
Gary is a buyer for your company. He works on a contract basis to acquire merchandise for your business to resell.On occasion, we contract Gary
Gary is a buyer for your company. He works on a contract basis to acquire merchandise for your business to resell.On occasion, we contract Gary to handle a specific seller for specific merchandise items.Per our contract with Gary for these specific jobs, he is paid on a weekly basis. When working for us, Gary is able to use our office space, equipment, and any supplies necessary to complete the job. To ensure consistent work product and regulatory compliance, Gary submits his work to a supervisor, who approves it and sends it to the purchasing department. Recently, we had to lay Gary off in the middle of a job and he filed for unemployment compensation.
What legal tests could be employed to determine whether Gary is an independent contractor or employee?
Based on these tests, what is your conclusion as to Gary's status: independent contractor or employee?
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