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            © Daniel B. Wolfberg
Long Beach California Attorney At Law
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Santa Monica, CA 90403-5664
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 Gateway's relationship with Varisco ended when he refused to sign a new contract. When Gateway first approached Varisco about the contract, he asked whether he was getting a raise. When he learned that he was not, he said that he saw no reason to sign a new contract. At that time, he also learned that Gateway had decided that inspectors should pay their own car insurance. Two or three months later, Gateway sent him a new contract. It required him to pay his own car insurance and worker's compensation insurance, and he refused to sign it. Gateway notified LAUSD that it was terminating its agreement with Varisco and that, with the cooperation of the LAUSD, it had selected another inspector. Analysis The undisputed facts establish that Varisco was an independent contractor, and not an employee.2 The principle issue is the right to control of the "manner and means" of accomplishing the work, and the facts are that Gateway had no such control, and no right to such control. Varisco was a construction inspector, and his job was to ensure that the project met the requirements set out in the California Code of Regulations. Gateway entered into an agreement with him, paid him, and sent him to the job site so that he could exercise his skill and accomplish the result, but that is all that Gateway did. All of Varisco's reports were to the LAUSD, often on LAUSD forms. If an inspection revealed a problem, Varisco reported it to the LAUSD, not Gateway. If he had a question, he asked the architect, not Gateway. Gateway, which did not have a representative at the job site, does not even seem to have known the details of Varisco's work, and certainly could not have controlled them. 2 "Whether a person is an employee or an independent contractor is ordinarily a question of fact but if from all the facts only one inference may be drawn it is a question of law." (Brose v. Union-Tribune Publishing Co. (1986) 183 Cal.App.3d 1079, 1082.)