ADMS 3420 Lecture Notes - Lecture 2: Independent Contractor

• School: York University
• Department: Administrative Studies
• Course: ADMS 3420
• Professor: all

Document Summary

He has signed a contract with them saying he is an independent contractor. He files his tax return stating he is an independent contractor. He owns his own taxi and can choose to work when he likes. He has the company name on the taxi and wears a uniform. He gets his fares through the company dispatcher. One night, ahmed has his throat cut by a passenger. Amazingly, he survives but is not able to work for a number of months. The company sends him a nice fruit basket but says that since he cannot work they will be terminating his contract. Even though the terms in the contract acknowledge ahmed as independent contractor, according to belton v. liberty case, the court can not solely rely on the terms and has to put more weight on the substance of the contract. 5 factors test: control test the uniform, the fares, the logo prove he"s an employee.