3410 Industrial Blvd., Suite 100
West Sacramento, CA 95691
(916) 376-0486
(916) 376-0478 Fax
This email address is being protected from spambots. You need JavaScript enabled to view it.

The Cole Law Firm

Subrogation Law Since 1972

The Cole Law Firm

3410 Industrial Blvd., Suite 100
West Sacramento, CA 95691
(916) 376-0486
(916) 376-0478 Fax
This email address is being protected from spambots. You need JavaScript enabled to view it.

Subrogation Law Since 1972

Many claims involve multiple actors. The person hiring the actor is referred to as the hirer. The person performing the task is the actor.
Example: A seller hires contractor to install product seller has sold. Is the contractor (actor) an independent contractor or employee of the seller (hirer)? Example: Owner of business hires drivers to deliver goods. Is the driver (actor) an independent contractor or employee of the business owner (hirer)?
The reason this is in establishing liability on the hirer of the culpable actor. If the actor is an employee, the hirer will be liable under various theories. Even if the actor is an independent contractor, the hirer may still be liable, but it is more problematic, and I suggest you gather facts with which to establish/argue the actor is an employee.
Several checklists exist to assist you in your arguments. One is grounded in the IRS regulations (used to assist the IRS in defining the hirer as an employee, so it can collect more taxes!). Another arises from various court cases.
To do:
1. Download and print items from hyperlinks at left, save in your forms file.  
2. Read through the materials to increase your understanding of the checklist items.
3.  In your investigation, both from the assured, who may have contracted with the hirer, as well as the actor and hirer, obtain the answers to as many of the checklist items as you can. The IRS as well as the court uses a numbers analysis; that is, if more than 50% of the checklist items can be answered yes, then the actor is an employee, even though paid by one check without deductions for social security, FICA, etc.SubroFlash
A free America... means just this: individual freedom for all, rich or poor, or else this system of government we call democracy is only an expedient to enslave man to the machine and make him like it.
- Frank Lloyd Wright
This web site is designed to provide educational information only and is not intended to offer legal advice.  Information contained in this website is not intended to create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information.  No electronic communication with any attorney associated with this law firm, on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication.

Copyright © 2015. All Rights Reserved.