$1.$ In determining whether someone is an employee or independent contractor, what $($using numbered bullet points$)$ are the COMMON LAW TESTS?

Include how elements $($not one by one, but in general$)$ are weighted in relation to each other.

$2.$ Regardless of all the common law tests, will someone be an independent contractor $($and not an employee$)$ simply because she knowingly, and after careful reflection, signs an agreement saying she is an independent contractor? Yes or No$.$

$3.$ Is it illegal for a former private sector employer in Michigan, although acting in good faith, to disclose to a different, prospective employer information relating to the job performance of someone who was an employee, but was fired for stealing? Yes or No

$4.$ What $($using numbered bullet points$)$ must a prospective employee prove to make a prima facie case against the employer for illegal DISPARATE TREATMENT?

$5.$ what must the employer prove to successfully defend itself?

$6.$ What must the prospective employee prove to rebut the employer$$s defense?