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Video instructions and help with filling out and completing What is a ss-8 form used for
Instructions and Help about What is a ss-8 form used for
So first of all they're gonna look at the degree of control and they generically call it and are like okay how much control does this person have over the other okay well if they can answer that they're starting to get a formulated opinion as to whether there are a worker in the terms of independent contractor or worker in the terms of an employee how much investment they have and they call investment in facilities and you've heard me use that term how much personal investment is this person have and you know does it look more like it's a business or have they really had no investment in this risk of loss that's a biggie for the courts could they possibly mess up and do a really bad bid and lose money or they pretty much guaranteed to be sitting good no matter what because they're paid hourly what about the right to discharge that one saying do is their ability can that person be you know terminated from this this contract easily so that's another factor the court looks at how integrated are they into the business how important are they to the business or is it like okay they can get another you know Joe plumber to to take care of that and it's not going to be like oh but now we can to operate as a business how permanent the relationship is that's another important thing to the courts and they actually go into saying what was the relationship the parties thought they were creating at the beginning so they'll actually consider their intent what were they intending to create and how important is it in the overall scheme of things and how many employee benefits are provided did they even prany benefits or was it like oh you're on your own cuz you're an independent contractor so they're gonna look at things a little bit differently but a lot of it all stems down to that control aspect again financial and behavioral and I mean all these controls are still filtering into how we're looking at the court factors so we're going to be concentrating on our some court case examples because then we can see a little bit easier I mean I gave you eight ways that a court looks but it maybe doesn't make it make as much sense until we go through some examples so the first example and this is you know from a while ago I mean it's not that long ago in recent relatively recent history this is George Wendt Anana he is an exceptionally skilled production worker and he did approximately hundred 50 commercials in Southern California in 2022 he did it in his name and his corporation and he was contending that he was an independent contractor not an employee his job title actually varied from job to job and included driver - eat driver set dresser production companies hired him to.