EVALUATION OF EMPLOYER/EMPLOYEE RELATIONSHIP
1. Has this category of worker been classified as an "employee" by the IRS?
Worker categories include: Administrators, Teachers/Instructors, Substitutes, School Bus Drivers, Clerical Staff, Athletic Coaches, Tutors, Cafeteria Workers,
Counselors, Examination Monitors, Proctors, Librarians, Nurses, Psychologists, Intern Psychologist, Individuals 'filling in'
on an interim basis, and specialty
teachers (art, poetry, music, etc.).
2. A) Is ___________________ working as an employee prescribed by the Education Code?
Name of individual
Education Code Sections 88000-88263 and 87000-87333 define District employees.
B) Is the individual working as an employee prescribed by the Government Code?
Government Code Sections 53060 et seq. defines what constitutes a consultant.
3. A) Is the individual an employee of the District in a "contract" capacity?
B) If hourly (i.e., adjunct, non-academic hourly), would they have a District assignment concurrent (or
overlapping) with the anticipated assignment?
4. Has the individual performed substantially the same services for the District as an employee in the past?
Is the individual retired, returning to substitute, or train, etc?
5. Are there currently employees of the District doing substantially the same services as will be required of this
See classification descriptions in the Personnel Manual.
6. Does the District have the legal right to control the method of performance by this individual?
Consider whether the District has to train this individual or give instruction as to when, where, how and in what order to work. Does the District require the
individual to submit reports or perform the services at the District site? These factors would indicate the District maintains control sufficient for an
employer/employee relationship. However, it is not necessary
that the District exercise this right or have the expertise required to do so. In many cases this
would not be practical or advisable.
7. Are the services, as being provided, an integral part of District operations?
Are the services being provided necessary to the operation of the college, program, project, etc? This indicates the District has an interest in the method of
performance and implies the maintenance of legal control.
If the answer to any of the above questions is "YES," STOP HERE !
Do not complete the rest of the questions. The individual is the District's employee and must be paid and reported
accordingly. Therefore, sign and date the reverse of this evaluation and submit a "Professional Expert/Consultant
Authorization" form, if appropriate, to the Classification & Compensation Office.
If ALL of the above are "NO," continue . . .
8. Must the required services be performed by this individual?
Consider whether or not the individual may designate someone else to do the work without the District's knowledge or approval.
9. Does the District have a continuing relationship with this individual?
Is this a "one shot deal" or has the District used or will the District continue to use this individual in the future? This could be on an infrequent or irregular basis
but a continuing relationship exists.
10. Can this relationship be terminated without the consent of both parties?
If the answer to question 8, 9, or 10 is "YES," there is a good possibility that an employment relationship exists . Questions
8, 9 and 10 are indicators of District control that, in conjunction with other factors, imply an employment relationship.
Go back to questions 1-7 and re-evaluate each.
If questions 1-7 are still all "NO," continue . . .