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How Classification Is Determined?
Under Vermont law (21 V.S.A. §1301), the Department uses the “ABC Test” to decide if unemployment insurance coverage is required. Unless a worker meets all three parts of this test, they must be classified as an employee and reported for unemployment insurance purposes:
A. The worker is free from control or direction in performing the service, both under their contract and in fact.
B. The work is either outside the usual course of the business or is performed entirely outside of all the places where the employer conducts business.
C. The worker is customarily engaged in an independently established trade, occupation, profession, or business.
If any one part of this test is not met, the person must be classified as an employee, and the employer must pay unemployment insurance taxes on their wages.
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