[kbutler]

No, it is not just a matter of which set of papers the company and the individual signed. I expect, and the government expects, that if someone works like an employee they are an employee (and have employee rights and payroll withholding, etc.)

Different agencies have different criteria, but the IRS considers several factors:

https://www.nolo.com/legal-encyclopedia/independent-contract...

The agency [IRS] is more likely to classify as an independent contractor a worker who:

  can earn a profit or suffer a loss from the activity
  furnishes the tools and materials needed to do the work
  is paid by the job
  works for more than one company at a time
  invests in equipment and facilities
  pays his or her own business and traveling expenses
  hires and pays assistants, and
  sets his or her own working hours.

On the other hand, the IRS is more likely to classify as an employee a worker who:

  can be fired at any time
  is paid by the hour
  receives instructions from the company
  receives training from the company
  works full time for the company
  receives employee benefits
  has the right to quit without incurring liability, and
  provides services that are an integral part of the company’s day-to-day operations.