Independent Contractor: Presumption
Feather
v. UEF [03/28/05] 2005 MTWCC 15 A person working for another
is presumed to be an employee. The presumption, however, may be rebutted
by evidence demonstrating that the hiring party does not exercise or
have a right of control over the work involved and the party hired is
engaged in an independently established trade, occupation, profession,
or business. § 39-71-120, MCA (2003). |