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DWD Worker Classification
Civil Rights - Worker Classification
Eleven Additional Factors
Factor Eleven - Intention of the Parties
The eleventh and final factor used to determine if a worker is an employee or a non employee is the intention of the parties.
Explanation of Factor Eleven
If the employer and the worker have an agreement, either written or verbal, that the worker will provide services for the employer as a non employee, that is an indicator that the worker is a not an employee. Conversely, if the employer and the worker have an agreement, either written or verbal, that the worker is an employee, it is strong evidence that the worker is an employee.
It should be noted, however, that the intent of the parties alone cannot waive protections granted to an individual under a legislative act. Thus, intent to make the individual an employee of the client is more likely to prove the relationship than the opposite intent is to disprove it.
The department has provided case studies from state and federal court decisions and from LIRC decisions relevant to the factors that make up the employee/ non employee test. View the case studies.