independant contractor vs. employee

[ajjl22]

Had this happen to a co-worker and fellow official today. He got a call this morning to sub for another official for a boys’ basketball game at a middle school that is in the same school district that we work. He has worked there many times with no problems, he was always paid by check at the game.

The school secretary emails him and tells him that his check for the game would be added to his school paycheck. He is not happy about this and sends an email back saying he is an independent contractor for the game and should be paid by a separate check. The secretary sends an email back saying since he was an employee, the new district policy is that he has to be paid through the payroll department.

As the day went on we talked about what would happen if he got hurt during the game. Would the district be liable for workers’ comp. because he is acting as a district employee for the game?

I just got a call from him, as he was working the game he torn his Achilles tendon. Now he is wondering what to do. Was he acting as an employee for the game or was he an independent contractor just getting the money through his regular paycheck?