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Chloe was hired to provide customer service training to the employees at CAB Inc. Chloe signed a contract stating that she was an independent contractor acting as a consultant. There was no fixed term or end date stated on her contract. The contract states that she is not permitted to work for another business while working as a contractor for CAB Inc. Chloe was provided an office and computer at CAB Inc. and she was told she should work from this office during normal business hours of 8:30-5:30. Chloe was paid $30 per hour for her services, but she was not compensated for travel time which was sometimes required from one site to the next. Chloe was provided two weeks vacation and health care benefits. Chloe was not required to attend corporate meetings or undergo the semi annual performance review.
Questions:
1) What arguments could Chloe make to support her position that she was an employee?
2) What arguments could CAB make to support their position that Chloe was an independent contractor?
3) What do the five tests to establish an employee-employer relationship tell you?
4) Which side do you think would be successful? Why?
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