Civil Rights - Worker Classification

Eleven Additional Factors

Factor Six - The manner in which the work relationship is terminated

The sixth of eleven additional factors used to determine if a worker is an employee or a non employee is the manner in which the work relationship is terminated, i.e. by one or both parties, with or without notice and explanation.

Explanation of Factor Six

If the employer has the sole right to discharge or terminate the worker, that is an indication that the worker is an employee.

If either the employer or the worker has the right to end the relationship between them, that is an indication that the worker is a non employee.

If the contract between the worker and the employer provides for consequences for terminating the relationship, that is an indication that the worker is a non employee.

If there is an ending date contemplated upon completion of the work, that is an indication that the worker is a non employee.

If there is a continuing open ended relationship with no termination date between the worker and the employer, that is an indication that the worker is an employee.

If there is a contract between the worker and the employer that is subject to automatic renewal, that is an indication that the worker is an employee.

If there is a contract between the worker and the employer that calls for a periodic review and renegotiation between both parties, that is an indication that the worker is a non employee.

Case Studies

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.


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