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SSA Handbook §0822

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822. Can you be fired?

822.1 Does your employer have the right to fire you?

If your employer has the right to fire you, a factor of control exists, indicating an employer-employee relationship. On the other hand, independent contractors cannot be fired provided that they meet their contractual requirements.

822.2 Do labor union restrictions on firing affect the employer-employee relationship?

Sometimes an employer's right to fire is restricted because of a contract with a labor union. This restriction does not affect the existence of an employment relationship.

Last Revised: March, 2001


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