“Plaintiff must prove that [] was Defendant’s employee. In deciding whether [] was Defendant’s employee, the most important factor is whether Defendant had the right to control how [] performed the work, rather than just the right to specify the result. One indication of the right to control is that the hirer can discharge the worker [without cause]. It does not matter whether Defendant exercised the right to control. In deciding whether Defendant was []’s employer, in addition to the right of control, you must consider the full nature of their relationship. You should take into account the following additional factors, which, if true, may show that Defendant was the employer of []. No one factor is necessarily decisive. Do not simply count the number of applicable factors and use the larger number to make your decision. It is for you to determine the weight and importance to give to each of these additional factors based on all of the evidence. (a) Defendant supplied the equipment, tools, and place of work; (b) [] was paid by the hour rather than by the job; (c) Defendant was in business; (d) The work being done by [] was part of the regular business of Defendant; (e) [] was not engaged in a distinct occupation or business; (f) The kind of work performed by [] is usually done under the direction of a supervisor rather than by a specialist working without supervision; (g) The kind of work performed by [] does not require specialized or professional skill; (h) The services performed by [] were to be performed over a long period of time; [and] (i) Defendant and [] believed that they had an employer-employee relationship.”
[CACI Jury Instructions [citations omitted]]
