- 16 - Length of the Relationship Because petitioner performed delivery services for ECI for almost 6 years, petitioner had a long-term relationship with ECI. This factor indicates an employment relationship. Parties’ Intent as to Type of Relationship Formed The June 9, 1999, operating agreement clearly states that petitioner was to be treated as an independent contractor. Because petitioner worked for years under the operating agreement and never objected to the Forms 1099 issued by ECI, the operating agreement does not in any way support petitioner’s claim that an employment relationship with ECI was intended. Further, petitioner was treated by ECI as an independent contractor (i.e., no accrued paid leave, no health or pension benefits, and no wage withholding). This factor indicates an independent contractor relationship. Substantial Costs Incurred Petitioner incurred substantial costs (i.e., 55 percent of reported gross earnings) to lease a truck which allowed petitioner to make deliveries to and from ECI customers. This factor indicates an independent contractor relationship.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: March 27, 2008