-27- e. Principal’s Right of Discharge Petitioner’s consulting agreement was nonexclusive, and either party could terminate the agreement with 30 days’ written notice. This factor favors a nonemployee relationship. f. Work as an Integral Part of Principal’s Business After petitioner entered into the consulting agreement, she was no longer as integral to CTI’s business as she was beforehand. She worked fewer hours for CTI, the agreement lasted only one year, she could pursue other consulting opportunities, and she gave up all responsibility for CTI’s human resource department. This factor favors a nonemployee relationship. g. Relationship of the Parties Petitioner and CTI entered into a nonexclusive consulting agreement that stated specifically that petitioner was an independent contractor. In addition, CTI calculated petitioner’s income from her exercise of the stock options pursuant to section 83, as if she was not a CTI employee for the 3 months before the date of that exercise. Further, petitioner notified CTI’s section 401(k) plan that she had ceased working for CTI as an employee on January 12, 2001. This factor favors a nonemployee relationship. h. Employee Benefits During the period covered by the consulting agreement, CTI paid petitioner’s health benefits pursuant to a plan for itsPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NextLast modified: November 10, 2007