Independent Contractor Defined???????

[Mr. D]

Any IC's out there??? A few questions I have are:

Can an IC work for or provide a service to the same company/customer for years doing the same job everyday, the same job that actual "employees" of the company/customer provide?????????????

If yes, could this be concidered a "contiuning relationship" the same as an "employee"???

What then would be the difference between an IC and employee other than the fact one is told they are not an employee but rather an IC???

Should the IC be provided tools for the job and then charged for the use of these tools??

Should the company have the power to set the work hours that the IC and their sub-contractors are to work??

If the IC works for only one (1) company/customer and does so for years, could the IC be concidered an employee??

Should the IC be required to wear a uniform issued by the company/customer??

Should the IC be required to mark their vehicles with the company/customer logos and told, "NO LOGOS, NO WORK"??????

Should the IC be required to name the company/customer as "also insured" on all policies??

Should the company/customer be permitted to "bond & insure" the IC's, their vehicles and sub-contractors "without" the IC's knowledge and why????????????? If the IC is truely an IC and properly classified, why should the the company/customer need this added protection??????

Should the company/customer have the power/right to "terminate" the IC at anytime??? If yes, could this be views the same as an "employer/employee" relationship????????????

Should the company/customer have the power/right to "terminate" any sub-contractor or employee who is providing service's to the IC and their company??

Should the company/customer have the power/right/reqirement to decide who provides service/sub-contracts services to the IC???

Should the company/customer be monitoring IC's driving record and credit reports?????????

Should the IC be providing a service to the company/customer that is the "principle business" of the company/customer...ie package delivery and do so for years????

If there is NO written or signed contract/agreement between the IC and the company/customer, is the IC still a "CONTRACTOR"????

Should the company/customer be permitted to "terminate" any contract/agreement at anytime???

Should the company/customer be permitted to control how the work is done and in what order????

Sorry for all questions, but these are some of the issues concerning a package delivery company doing business in California and several other western states. Anyone familiar with OnTrac?????

Thanks in advance for any responces, Mark

 

[jekern1015]

I don't have any answers to your questions but OnTrac picks up pakages from the post office I work at three times a week. Those packages are a prepaid return postage. There is an Ontrac delivery van parked in front of a house in the neighborhood every night.