Various tests can assist in determining whether a worker is an Independent Contractor vs. Employee, but ultimately, it will depend upon the facts of each case. Whether a worker is an employee or independent contractor may make a difference as to which law applies to their situation. A written agreement stating that an individual is not an independent contractor does not necessarily determine the issue. An employer would be wise to contact an employment lawyer to determine whether an individual qualifies as an ‘independent contractor’ or an ‘employee’.