You haven't convinced me, at all. Your quoted criteria are incomplete at best, it lays out the facts that need to be gathered but do not tell you what those facts mean once established.
For instance,
Behavioral: Does the company (Cowboys) control or have the right to control what the worker (Jason Garrett) does and how the worker does his or her job? This criteria is a slam dunk. Clearly Jerry Jones controls his "worker" Jason Garrett
Ok, so Jerry controls Jason (a fact never in question). Where does it say exactly what that means as to the determination of his status as an employee or a contractor?
And:
Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.) It's pretty obvious that Garrett gets reimbursed for expenses, doesn't use his own tools/supplies. Not sure how he's paid.
Ok, I got reimbursed, in the form of perdiem, it's standard practice in contract assignments, it didn't mean I wasn't a contractor. And nothing in your post (not gonna bother with the link today) says how that fact effects the issue.
So some facts have been established but their is nothing that says which directions those facts point, and your added assumptions are still just assumptions, and even given that they may be correct, there is nothing to indicate which side of the scale they may fall on.
