IC vs Employee?

The "factual answer" you seek will depend on all of the "fine details" you don't yet know. So no responsible attorney will be able to give that to you on this information alone. Besides, this site is for general legal information only, not for direct advice in a particular matter. If you want or need that, hire a lawyer. So here is some general legal information. Washington courts look to a number of different factors to determine whether someone is properly categorized as an employee or an independent contractor. Per the WA Supreme Court, examples of things considered in making this determination are: "extent of control which, by agreement, master may exercise over details of work; whether the one employed is engaged in a distinct occupation or business; kind of occupation with reference to whether, in the locality, the work is usually done under direction of employer or by a specialist without supervision; skill required; whether employer or workman supplies instrumentalities, tools and place of work; length of time for which employed; method of payment, by the time or the job; whether the work is part of employer's regular business; whether parties believe they are creating relation of master and servant; and whether principal is in business." Arguably, the right of an employer to "control" the work of the person hired is the most important factor. But the specific circumstances of the work relationship will tell you the answer here. You really ought to work with an employment attorney to help you sort through this safely and correctly. If you are setting up a sales team for telephone sales, you will want the help of a business attorney anyhow...that is a highly regulated area. Feel free to contact me if you would like to get some recommendations on who to speak to about these issues. Good luck.