Employment Status Not Dependent on Exercising the Right to Control

Who an employee works for is determined by whether an employer may control the employee and not the exercise of the right. A NJ Appellate Court ruled in a dual employment issue that employment status is not dispositive by a single factor and that right to control an employee can be shared which establishes a dual employment situation.


A worker was injured while cleaning rooms in a nursing facility. The owner/operator of the facility outsourced the cleaning to another company.

The facility owner retained the authority to determine where the worker cleaned and could request that the worker revisit her work if the owner/operator determined it to be unsatisfactory. And the owner/operator paid the outside cleaning company once per month and retained the authority to request termination of an employee.

Theezan v. The Allendale Community for Senior Living, 2019 WL 16481058 (N.J. App. Div. 2019) Decided April 16. 2019.
UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. Superior Court of New Jersey, Appellate Division.

….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the  Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.