Ariana worked on a contract basis as a tax accountant for the clients of a small accounting firm. Whenever there was too much work for the employees of the firm, Ariana would receive a call and be assigned by the firm to a particular client for a specific job. When the job was completed, she was paid a commission for her work based on the amount paid by that client to the accounting firm. This commission was established in the contract Ariana was offered when she accepted the position. During the time she was working, she was paid weekly, was free to use office space within the accounting firm’s office, and also could use whatever equipment and supplies were necessary to complete the job. In order to ensure a consistent quality among all of its workers, as well as to be sure that it complied with all regulations that might govern the job, the firm asked Ariana to submit her work through a supervisor, who then sent it on to the client. This process also ensured that clients saw all of the firm’s workers as equivalent quality. Ariana is laid off in the middle of a job and she files for unemployment compensation. The firm defends the claim, arguing that she was not an employee. Was Ariana an employee or an independent contractor?
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