Should my worker be classified as an Employee Or An Independent Contractor?

Should my worker be classified as an Employee Or An Independent Contractor? Please find below the three step test the Tennessee Department of Labor & Workforce Development utilizes.

 

  1. Such individual has been and will continue to be free from control and direction in connection with the performance of such service both under any contract for the performance of service and in fact;

 

  1. Such service is performed either outside the usual course of the business for which the service is performed or is performed outside of all of the places of business of the enterprise for which the service is performed; and,

 

  1. Such individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.   

 

Please contact us if you need further clarification on worker classification.