Behavioral Control

By Jason Watson (Google+)

The behavioral control factors fall into the categories of:

Type of Instructions: An employer-employee relationship exists when the business can instruct the worker on:

• when and where to do the work
• what tools or equipment to use
• what workers to hire or to assist with the work
• where to purchase supplies or services
• what work will be performed by a specified individual
• what order or sequence to follow when performing the work

Degree of Instruction: The more detailed the instructions, the more control the business has over the worker which suggests an employer-employee relationship exists. Even with the lack of instructions, an employer-employee relationship can still exist.

Evaluation Systems: If an evaluation system is in place to measure how the work is performed, this would suggest an employee status. On the contrary, if an evaluation system merely measures the final work product or end result, this would favor an independent contractor status.

Training: If a business provides training sessions on how to perform the work, this would add to the degree of behavioral control the business has over the worker. Periodic or continuing training programs are even stronger evidence of an employer-employee relationship. Whereas independent contractors ordinarily use their own methods.