Borrow Servant Analysis

Randolph, when you stated “an independent contractor is an individual who is in an independent business or profession in which they can offer services to the general public”. Randolph it also is important to understand the classification of a worker as an employee. This is very important due to the fact that an independent contractor or better known as borrow servant, which can have a great impact on an employer’s liability. It also is very important for the employer to take under consideration everything that involves the workers employment to help understand the classification in which the worker will be under. Also Randolph, by outlining different factors, the courts look to when a decision has to make on classification decisions.
During this time employers can now be advised on how to structure employment contracts to expose the liability that they wish to avoid (Mellow, Niedbaski & Welmer, 2016).
Mellow, M. A., Niedbalski, T., & Wehmer, J. S. (2016). Employee or Independent Contractor? How the Effects of Classifications Impact Employer Liability. Defense Counsel Journal, 83(1), 45-67.
Walsh, D. J. (2013). Employment Law For Human Resource Practice (4th ed.). Mason, OH: South-Western Cengage Learning.