Background Checks

[JRutledge]

Originally Posted by Camron Rust

Nice try. But the relationship, even as independant contractors, will always have employer/employee like elements. One being that they pay you and you get paid. Another is that they can set the qualifications for who they will contract with....insurance, licensing, etc. Setting qualificatoins for independant contractors is well within thier rights.

There are several good sources of information on what causes a person to become an employee and setting qualifications for the job are not among them. See any of the following:

• Legal Definition of 'Independent Contractor'
• Independent Contractor Law & Legal Definition
• Independent Contractor (Self-Employed) or Employee?
• Independent Contractor legal definition of Independent Contractor. Independent Contractor synonyms by the Free Online Law Dictionary.

I agree that the individual schools shouldn't and don't need the information...only that the certification authority has done a basic check and has found nothing that would prohibit you from working as an official. If you're certified, that is all the school needs to know.

The main problem with your references is that independent contractor laws and classifications vary from one state to another. And certain classifications like this might be different in how you file or claim independent contractor status.

And I have no idea if there is any court case that made this issue clear as Nevada mentioned. I know in my state the IHSA wanted all associations to participate in an "Observer's Program" to help make officials better. But it was made very clear to those associations that the information would not be used for post season assignments (all made by the IHSA directly) because this would violate independent contractor classifications and might have the IHSA fined or have to pay every official in the state benefits and pay other tax monies for their "employees."

I also recall that Florida passed some kind of law that required all sports officials (and it might have dealt with other professions) to have to file a background check in each county and the officials themselves had to pay for each background check. I believe there was some litigation or modification of the policy because it had other ramifications when the law was created.

It is very possible that someone could sue any jurisdiction over this issue when we are not employees. Not saying it would be successful, but it could happen.

Peace

[Steve M]

From a "grandfathered" official in Pa, I've got some mixed feelings and thoughts. But one of the thoughts I'd like those supporting the checks to think about - what is the organization requiring the checks going to do with the official they have gotten a false positive on? The organization has suspended returning official or not sanctioned the new oficial - and now, it turns out that the check was wrong. This official has been labeled as a likely sex offender or child molestor. I don't see any way to make this up to that official who was falsely accused. Once that "accusation" is made, there's no real return.