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            © Daniel B. Wolfberg
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The trial court found that Varisco had no evidence to dispute the assertion that he was an independent contractor pursuant to an at-will agreement, and granted the motion. On appeal, Varisco concedes that the causes of action are viable only if he was an employee, not an independent contractor. (Sistare-Meyer v. Young Men's Christian Assn. (1997) 58 Cal.App.4th 10, 14 [independent contractor cannot sue for wrongful discharge in violation of public policy].) On this review of judgment after summary judgment, the question before us is whether the defendant, Gateway, met its burden of showing that an element of each cause of action, that Varisco was an employee, could not be established (Union Bank v. Superior Court (1995) 31 Cal.App.4th 573), or whether, as Varisco contends, there is a triable issue of fact on the issue. We conduct an independent review on appeal. (Kim v. Sumitomo Bank (1993) 17 Cal.App.4th 974, 978-979.) Legal Principles Control is the principal factor in determining whether an individual worker is an employee or an independent contractor. "An independent contractor is 'one who renders service in the course of an independent employment or occupation, following his employer's desires only in the results of the work, and not the means whereby it is to be accomplished.' [Citations.] On the other hand, the relationship of master and servant or employer and employee exists whenever the employer retains the right to direct how the work shall be done as well as the result to be accomplished. [Citations.] But this rule requires that the right to exercise complete or authoritative control, rather than mere suggestion as to detail, must be shown. [Citations.] Also, the right to control, rather than the amount of control which was exercised, is the determinative factor." (S. A. Gerrard Co. v. Industrial Acc. Com. (1941) 17 Cal.2d 411, 413.) Thus, the most significant question in the independent contractor/employee determination is "'whether the person to whom service is rendered has the right to control 4 the manner and means of accomplishing the result desired.' [Citation.]" (S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341, 350.) Case law has identified secondary indicia of the nature of the relationship. These are "(a) whether the one performing services is engaged in a distinct occupation or business; (b) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision; (c) the skill required in the particular occupation; (d) whether the principal or the worker supplies the instrumentalities, tools, and the place of work for the person doing the work; (e) the length of time for which the services are to be performed; (f) the method of payment, whether by the time or by the job; (g) whether or not the work is a part of the regular business of the principal; and (h) whether or not the parties believe they are creating the relationship of employer-employee." (Borello, supra, 48 Cal.3d at p. 351.)