Reference no: EM133685509

Question 

John Smith was hired as an independent contractor to assist an accounting firm. After one year he was informed that his services were no longer required. Even though he had signed a contract stating that he was an independent contractor he subsequently filed a claim for unemployment benefits. Will his claim be successful? Some background information: He was hired to perform contract bookkeeping services for the employer's clients who needed such services. He worked only on jobs assigned to him by the employer. The employer reviewed the claimant's work and returned faulty work to the claimant for corrections before delivering the work to clients. He submitted an invoice and was paid on a monthly basis. Question: How would you determine whether John was an independent contractor or employee? Explain the 5 "tests" used to determine whether he is an employee or not. Based on your analysis, would the courts be more likely to find him to be an employee or contractor? Why? Edit Format Table