Varisco

Appellant A1 Varisco sued respondent Gateway Science and Engineering, Inc., for wrongful termination of employment and similar causes of action, all of which depended on the allegation that he had been Gateway’s employee. Gateway moved for summary judgment on the ground that Varisco was not an employee, but an independent contractor. The trial court found for Gateway, and we affirm. All the undisputed facts add up to an independent contractor relationship. A single clause in the parties’ letter agreement which allowed either party to terminate at will did not transform that relationship into an employment relationship.

Background and Contentions

Gateway provides professional services such as project management, planning and design management, inspection, and quality assurance to the construction industry. Varisco is a construction inspector and has a Class 1 inspector certification from California’s Division of the State Architect (DSA). In early 2004, he contacted Gateway, seeking work. Gateway then had a contract with the Los Angeles Unified School District (LAUSD), under which it was to provide certified project inspectors for projects then under…