Whether an individual is working for a company as an employee or an independent contractor is a very fact intensive issue. In other words, you need to discuss all of the facts surrounding the work the employee does with a lawyer experienced in handling such issues. Further, whether the relationship is one of employer/employee or company/independent contractor may depend on the purpose of the inquiry, e.g., feder tax law, state workers' compensation law, state unemployment benefits, etc. The standard for determining an employee's status is sometimes different and the analysis is not always the same. That said, a situation where an individual fills a dual role in a company (that is, both employee and independent contractor) would be highly unusual and very, very unlikely.