Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
¶ … Little Lamb Company
Regarding our recent discussion about potential legal issues which might arise regarding Mary's termination, it must be concluded that, based on the evidence, Mary is clearly an independent contractor. Independent contractors may be distinguished from standard employees based upon the following criteria:
An independent contractor is contracted on a by-project basis, versus having a permanent position at the workplace and his or her employment is largely determined upon the need for and the quality of the project, versus a regular salaried position.
An independent contractor is largely self-governed, versus being governed by a superior, and is solely and personally responsible for the quality of his or her output, versus the company or his or her superiors.
An independent contractor rarely performs work...
However, working alone off-premises and using personal material are merely characteristics frequently associated with contract employment, rather than essential characteristics of contract employment. The employee-employer relationship has not changed substantively over time, other than the fact that certain additional requirements were placed upon the contract employment Mary was performing.
The notion of 'at will employment' means that an employee may be fired for any reason, without cause, so long as the actions were not in violation of federal anti-discrimination law based upon the…
References
Feig, E. (2007). Employee vs. independent contractor: Differences you need to know.
Legalzoom. Retrieved from: http://www.legalzoom.com/everyday-law/workplace/employee-vs.-independent-contractor-differences
Guerin, L. (2014). Employment at will. Nolo. Retrieved from:
http://www.nolo.com/legal-encyclopedia/employment-at-will-definition-30022.html
Employment Law First Quote "We are poised this year to more than double or even triple business," says Ms Turley. Ms Turley is a 58-year-old lady who has a company which makes clothes which are licensed with colleges and football team logos and colours. "And then this happened.... We have to find another way to get there." (Maltby, 2013) Context of the quote Penalties may be imposed on small businesses when healthcare law would
The combination of these elements is showing that she is an independent contractor. ("What is a 1099 Form," 2012) (Hill, 2008) What are some potential legal implications in the case? What should the utility do to rectify any wrongs in this situation? There are no legal implications for the firm. This is because they can demonstrate that Karen is an independent contractor. To address any kind of wrongs, the company could
Employment Law Business Law As the HR Manager for the software development company MicroSonic Inc., I was required to retain the services of a headhunter in order to quickly fill the position of a project manager for a federal government contract to develop within one year software for the military. Unfortunately, halfway through the project the position became available because the previous project manager had died of a heart attack. The headhunter produced
The first issue in this case is whether or not the massage therapist is considered to be an employee or an independent contractor. Dream Massage has hired the person as an independent contractor but "exercises complete control over how she does her work", including the provision of clients, materials needed to do the work, and complete control over the massage therapist's schedule. The IRS defines an independent contractor as follows: "an
Lofty Lawn What is Sarah's theory? Will she succeed? Sarah's theory is that Will Worker who collided in and damaged her4 car, is an employee of Larry's business, "Lofty Lawns." Since he is unable to pay for repairs of her car, her theory is that that his employers Larry's business, "Lofty Lawns" should pay for it and cover him. She will not succeed, since the employer of Larry's business, "Lofty Lawns," has made each
Employee vs. Independent Contractor Employees vs. Independent Contractors John, who owns his own consulting firm, is picked to work for Make-a-Bed, a furniture manufacturer and distributor, and since he is not readily available as a full time employee, it is agreed that he should work as independent contractor. He is expected to study the business and make recommendations accordingly, to arrange for his own travel and meetings, dedicate about 20 hours each