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  1. #1
    Euphoric !
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    One of the ways to interpret what artsandcrafts posted is that if you expect the assistant to be there everyday and are dependent on them such as it puts you over ratio if they are not there then they are an employee. If my daughter cancels for whatever reason that is her right and I just have to carry on. While she has a contract with her facilities she is under no obligation to send in a replacement to cover the shift or whatever. A person providing a professional service such as a music teacher or dance instructor or magician is being "hired" just to perform that service under contract and not hired to be at your beck and call so to speak to do whatever you want them to do - an employee is for bossing around, lol. Which is why we get so upset when a parent thinks we are their employee.

    The definition used in some cases is based on how much control the employer has over how and where and when the person in question performs their duties.

    Just as we would hire our own children and pay them from our daycare income to perform certain duties within the daycare I would assume it could be the same with a helper and especially if it isn't continuous and they are there for a specific reason - a cleaner is not an employee, hire someone to do the laundry and ironing and they are contracted for the service not an employee.
    Last edited by playfelt; 11-20-2013 at 10:15 PM.

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