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An employer can be vicariously liable for the torts committed by an employee while they are in the scope of their employment in certain situations. An employer will not normally be held vicariously liable for the torts of an independent contractor because of a lack of supervisory control.

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Q: Why is it important to make a distinction between an employee and an independent contractor?
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Related questions

Can an employee be an independent Contractor?

yes


Are you an employee or an independent contractor if you are paid a 1099 salary?

How you are paid does not determine whether you are a contractor. If you are properly an independent contractor, you can be paid on a 1099.


What is the difference between independant contractor and employee?

An independent contractor is someone who works for themselves not a company. They can work for someone else but not be employed by them. An employee is employed by a company.


Consulting Contract?

Get StartedA Consulting Contract or Consulting Agreement is a document under which a consultant (someone who gives expert or professional advice) agrees to provide professional or consulting services. Under this agreement, the "consultant" is an independent contractor with respect to the "company," and not an employee of the "company." This document allows the user to substitute any term for the term "consultant," and thus, this document can be adapted to many other situations that might involve an independent contractor.The Consulting Contract should be signed by both parties and becomes effective as of the date inserted at the beginning of the Contract. For specific information regarding the employee/independent contractor distinction, review the "Employee or Independent Contractor" topic.


How long does an employer have in TN to pay after termination if employee was an independent contractor?

18 months


If someone works for you as an independent contractor and you write them a check at the end of the week does that mean they are an employee?

no.


What is the difference between a vendor and an independent contractor?

An independent contractor is a hired individual who is not an employee and works at a set price. A vendor is a person or group that sells products or services independently.


Can a bookkeeper be an independent contractor without a license?

Yes. You do not need a license to be a bookkeeper. However, a determination must be made to whether or not the classification as an independent contractor as opposed to an employee is correct.


Can a person be an employee and an independent contractor at the some time?

yes they can - a prime contractor holds the actual contract and then in essence hires a subcontractor to do some of the work. an independent contractor is not an actual employee of whoever is paying him for his work. so there is no reason one person can't be both and often they are


Can your employer charge a 1099 employee for workmans comp?

An employer should not charge a 1099 employee for workman's comp. If you get a 1099 you are not in an employer, employee relationship You are an independent contractor.


Can you withhold funds from independent contractors for any damages that they do while in your employ?

First an independent contractor is a self employed taxpayer and would NOT be your employee and you are NOT the independent contractors employer.


Is a carpet installer an employee or independent contractor?

It's just a job description like plumber, electrician etc. So could be an employee working for a company or a self-employed contractor. If not self-employed, the fitter in question would be defined as working for the contractor, the contractor being the company who took on the work.xx