An independent contractor is someone who has control over his or her job and an employee does not. Just because your employer labels you as an independent contractor, does not mean you are actually an independent contractor. There are factors the court weighs in determining your status. Those factors include who controls the details or manner of your work, who has the right to terminate you, are you paid hourly or salary, who pays your unemployment and social security, who supplies the materials and tools for the job, who has power over your schedule, and the days and hours you work.