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Despite offering such a comprehensive benefits plan, Microsoft has not always been in compliance with laws governing these plans. In the case Vizcaino v. Microsoft Corporation the court ruled that the company denied some of its workers benefits under its Savings plus 401(k) plan (SPP) and Employee Stock Purchase Plan (ESPP) based on the mistaken assumption that they were independent contractors and therefore not eligible for its benefits. Through its review the court found that the workers could not be considered independent contractors while working for Microsoft. In addition the court found that by law eligibility in the SPP plan could be determined if workers were paid from Microsoft's United States accounts, which they were. As for the ESPP plan the court found that the company always offered it to all employees, and that these particular workers had accepted it earlier.
Even though these workers were originally hired on the basis of being independent contractors, for tax purposes the IRS reclassified them as being Microsoft employees. Due to this reclassification the workers requested eligibility for the SPP and ESPP benefits, of which they were subsequently denied. After initially losing the case at the District Court level the plaintiffs appealed, which led to the Oct. 3, 1996 Ninth Circuit Court panel ruling in favor of the plaintiffs. Microsoft requested for this ruling to be reviewed by the Ninth Circuit, which led to a reaffirmation of the panel's earlier decision.
References
Benefits at Microsoft/Our Benefits Plan." (2007). Microsoft Careers Website. http://members.microsoft.com/careers/mslife/benefits/plan.mspx (Accessed April 20, 2007).
Wilson Sonsini Goodrich & Rosati. (1998). "Employee benefits & compensation updates: Vizcaino v. Microsoft Corporation." Findlaw Website. http://library.findlaw.com/1998/Jan/1/127436.html (Accessed April 20, 2007).
S. $1 billion dollars operating with around 1200 suppliers that are hugely diversity. The number has seen a more than 200% increase in the last few years. The company also creates linkages with organization that are related to promoting diversity so that technological innovation can be fostered within the organization and the increasingly diverse communities can be catered to. The company endeavors to sustain relationships and linkages with institutions through
4. Measurements made to determine when the problem is solved To identify whether the human resource problem is solved within the company, the managers could request several studies. These studies could refer to the employee fluctuation adherent to the months since the ESPP was made available. Once the fluctuation ratio would be identified, it would be compared to the fluctuation ratio adherent to the same period of the previous year. The
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