Reference no: EM132403951

Emily was hired as a freelance analyst for a large corporation. The job description clearly stated that the role was an independent contractor position. Emily works full-time in the corporate office. The term of Emily's employment is indefinite. Emily is paid bi-weekly at an hourly rate. All of the equipment and materials Emily uses in her work are selected and provided by the company. In addition, the company provided rigorous training on the specific methods and procedures Emily was to use to complete her work. Emily was also given a handbook governing the way in which she was to complete her job functions. Emily's work is closely supervised, and no deviation from the company's chosen procedures is permitted. Last week, Emily arrived at the corporate office only to discover that the company had brought in a crew to do some remodeling on Emily's floor. The crew, all garbed in protective gear, was using industrial-grade chemicals to complete the project. Several employees reported feeling ill. Emily told her boss that she was feeling dizzy and nauseous. Emily and her co-workers were sent home. As Emily was pulling out of the parking lot, her car collided with a bicyclist, who was injured. The bicyclist has sued Emily and the company, alleging that the company is vicariously liable for his injuries.

Is Emily an employee of the company for purposes of respondeat superior?