Indiana court says driver was not independent contractor
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Tuesday, April 16, 2019

Indiana court says driver was not independent contractor

By Payroll and Entitlements Editorial Staff

The court reversed the lower court’s finding that a driver who provided drive away services and contracted as an independent contractor was an employee under the Act and therefore was entitled to unemployment benefits. The company connected drivers with customers who need too-large-to-tow vehicles driven to them. The driver chose his own hours, negotiated pay for each trip, and could hire other drivers to complete the deliveries if they were qualified. The court found that the driver was not under the company’s control or direction; performed a service outside of the company’s usual course of business; and ran an independently established business. Therefore, the driver was not entitled to benefits because he was not an employee (Q.D.-A., Inc. v. DWD, Sup. Ct. of Ind., No. 19S-EX-43, 1/23/2019).

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