Independent Contractor or Employee Determination

Who is a Consultant?

A general rule is that we, the University, have the right to control or direct only the result of the work done by an independent contractor and not the means of accomplishing the result.

To assist you in determining an independent contractor (Consultant) from an employee consider the following questions.

If the answer to any of the following questions is YES, the engagement is most likely as an employee.

  1. Is the worker instructed about when, where, and how the engagement is most likely as an employee?
  2. Will the worker be trained by Tufts employees?
  3. Will the worker have control over hiring and supervising employees?
  4. Does the worker have set hours?
  5. Will the worker perform their services in a prescribed sequence?
  6. Is the worker to be paid by the hour, week, or semimonthly?

If the answer to any of the following questions is YES, the engagement is most likely as an independent contractor.

  1. Could the worker realize a profit or loss as a result of the work being performed?
  2. Does the worker perform their services for more than one employer/firm?
  3. Does the worker have a significant investment in tools or other instruments?
  4. Is the worker to be paid by the assignment/task completed?