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Case Name Sandvik v. Bozung
Date 04/09/2013
Note A worker who performed labor on behalf of a property owner at two locations was an employee and not an independent contractor.
Citation A131667
WCC Citation WCC 40012013 CA
Bozung asked Sandvik to draft an employment contract to memorialize their agreement under which Sandvik would work on the Jackson Street property. Sandvik worked for Bozung from June 2007 through November 2008 when it became clear to Sandvik that Bozung was in arrears in paying him and that he could no longer afford to work for her. Initially, Bozung paid Sandvik regularly, but as the project progressed, Bozung paid him less frequently. Bozung testified that the terms of the partnership with Sandvik changed significantly in July 2008 when Sandvik realized that he did not want to be liable for the mortgage on the Upper Terrace property. The evidence also showed that Bozung paid Sandvik wages of $75 an hour on the Jackson Street project pursuant to the employment contract; that Sandvik drafted the contract per Bozung's request, and Bozung made several revisions to the agreement before it was finalized; that Bozung applied for the permit to perform the remodel on the Jackson Street project and designated herself as the owner-builder; and that Sandvik testified that Bozung "pull[ed] her own permits" because she knew that Sandvik was unlicensed.

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