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  • Topic: TN Court Rules on IC vs Employee case

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    • January 26, 2017 2:06 PM CST
    • TN Court Rules on IC vs Employee case

      http://www.lexology.com/library/detail.aspx?g=24d8818b-6a06-405e-a902-cd34c594b751

       

       

      "The Department's ruling focused on the company's failure to establish each of the three elements of the "ABC" test, which governs whether an individual is an employee or independent contractor for unemployment tax purposes. See Tenn, Code Ann. §50-7-207(e)(1). The test provides that an individual shall be deemed an employee, unless the employer can establish: (A) the individual has been and will continue to be free from control and direction in connection with the performance of the service, both under any contract for the performance of service and in fact; (B) the service performed by the individual is performed either outside the usual course of the business for which the service is performed or is performed outside of all the places of business of the enterprise for which the service is performed; and (C) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed."

       

      Barb

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      If you don't go after what you want, you'll never have it. If you don't ask, the answer is always no. If you don't step forward, you're always in the same place.

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