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Download Now The Kansas Supreme Court has ruled that whether or not an individual is an independent contractor or employee depends upon the facts and circumstances of the particular case. The first determining feature is whether or not there is a right on the part of the employer to control the manner in which the work is carried on. The court noted, however, that the question is not whether this control is actually exercised, but whether there is the right to exercise control (Schroeder v. American National Bank, 121 P.2d 186 (1942)). Thus, it is not the exercise of direction, supervision, or control over a worker which determines whether he or she is an employee or an independent contractor, but the right to exercise such direction, supervision, or control (Evans v. Board of Education, 284 P.2d 1068 (1955)).