Unemployment Insurance - Worker Classification

Indian Tribal Government

Part 1: Direction and Control

The first part of the two part test to determine if a worker is an employee or an independent contractor is "direction and control."

The purpose of this part of the test is to determine if the worker is operating free from the direction and control of the employer. If the worker is found not to be free of the employer's direction and control the worker is an employee and not an independent contractor.

Factors to be considered when determining if the individual is free from the direction and control of the employing unit may include:

  1. Factor One: Whether the individual is required to comply with instructions concerning how to perform the services
  2. Factor Two: Whether the individual receives training from the employing unit with respect to the services performed
  3. Factor Three: Whether the individual is required to personally perform the services
  4. Factor Four: Whether the services of the individual are required to be performed at times or in a particular order or sequence established by the employing unit
  5. Factor Five: Whether the individual is required to make oral or written reports to the employing unit on a regular basis

The department has provided the following tools for each of the five factors to assist with the analysis of each of the factors:

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