An employer has the right to dismiss an employee and an employee has the right to end the relationship with the employer at any time without incurring liability. The person is an employee of another business or university and the person's primary duties are the same as the work to be performed for the university. Factors Indicating Independent Contractor Status a. The one for whom the services are being performed does not possess the right to instruct the person about when, where and how the work is to be performed. An independent contractor may hire, supervise, and pay other workers under a contract and agree to provide materials and labor while being responsible for the attainment of a given result.
Independent contractors are masters of their own time.
The person is free to work when, for whom and for as many employers as he desires. The worker furnishes his own tools and equipment, subject to the recognition of the fact that in some jobs it is customary for employees to use their own hand tools. A significant investment by a person in facilities used in performing services and offering such services to the general public tends to show independent contractor status. An independent contractor is generally in a position to realize a profit or suffer a loss as a result of his services. An independent contractor cannot be fired so long as the result produced measures up to the contract specifications.