Right To Control
If an organization is controlling the way work is supposed to be performed, this may be an indication that the performer of the work may be an employee.
If the hiring business withholds taxes and/or provides other employer benefits, then the individual hired to perform the work, may be considered an employee.
Hire / Fire
If the business retains the right to hire or fire the individual who is hired to perform the work, then they may be considered an employee.
Furnished Equipment & Materials
If an individual is furnished with equipment and/or materials to perform the work that is asked to be completed by the hirer, may indicate the person is an employee.
Character of Work
An organization controlling the way work is supposed to be performed indicates the performer may be an employee.
In New York State employers are required to provide their employees with disability benefits for off the job illnesses & injuries. Any individual providing services to a business can be deemed an employee (unless such services are especially excluded as employment under state code). There are many factors to consider when deciding if someone who works for you is an employee. Some of them are: