Employee or Independent Contractor? Between 1980 and1988, Torres was a self-employed Gardener doing business under thename of Jose Torres Gardening Service. From 1984 to 1988, as partof his gardening business, Torres performed weekly gardeningservices at several homes in Torrence, California, including theReardons’ home. In early 1988, the Reardons discussed with Torresthe possibility of employing him to trim a 70-foot tree in theirfront yard. The Reardons dictated precisely where the tree was tobe cut, how much should be left, where are the trim and should beplaced, how to finish the cut ends, and when the cutting shouldtake place. The Reardons
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