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 Scenario
Little Lamb Company requires an additional employee to complete a special project. They contract Mary for this position, and enter into a contract with her. Just as the project is almost completed, Little Lamb realizes it needs Mary's services longer and asks Mary to continue with the company. While completing the new project, the supervisor sees that Mary must use company materials and equipment in order to meet the requirements of the job. Two years pass, and the economic downturn requires Little Lamb to make budget cuts, among them Mary's position. A month later, Little Lamb receives another major contract, thus requiring the services of a programmer like Mary. However, instead of hiring Mary back, the supervisor decides to hire his equally qualified cousin. Now there are concerns about Mary's status as an employee, the at-will clause, breach of policy and breach of contract. Little Lamb hired Mary as a programmer for a specific project, and then found that her services could be extended to other projects. Little Lamb could have offered Mary a permanent position with the company, if they had the budget and resources to do so. Instead, both parties agreed to simply extend the contract, and continue the relationship of independent contractor (Independent Contractor, 2012).
Part 1 -- Mary is hired as a contract employee because she enters into a specific relationship with Little Lamb. An independent contractor is a person who works for an employee under certain terms that are legally defined, but is not considered a permanent employee and is not due the benefits or considerations afforded to an employee who is formally hired. Mary remained a contract employee because the definition of her job and contract changed and she was asked to continue on the same contract.
Part 3 -- We will assume Little Lamb is located in an "at will" employment state. In this type of relationship "any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work" (Rothstein, et.al., 1987, p. 738). Even though Mary was under contract, by the letter of the contract, she completed her portion. One of the exceptions to the independent contractor rule is the use of tools and equipment. Mary's continued work with Little Lamb resulted in using their equipment, so a case could be made that there was a blur in the lines. This is also the case when Mary's time and hours began to blend into Little Lamb's regular schedule. We are also not clear how Mary is paid; if she is paid by each job and is allowed to work for more than one…
REFERENCES
Independent Contractor -- Self-Employed or Employee? (2012). Internal Revenue Service.
Retrieved from: http://www.irs.gov/businesses/small/article/0,,id=99921,00.html/
Andrews, N. (2011). Contract Law. New York: Cambridge University Press.
Rothstein, M., et.al. (1987). Cases and Materials on Employment Law. New York:
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
Employment Mary first needs to make it absolutely clear whether she is an employee or independent contractor. In this case, while she may have been hired as an independent contractor, she was later subtly reclassified as an employee. An independent contractor works freelance and part-time which means his place in the firm is not permanent. Mary was definitely one such contractor since her services was required for one specific project. Her
Life and Death: The Life Support Dilemma by Kenneth E. Schemmer M.D Kenneth Schemmer in his thorough, thought provoking book brings to life the controversial subject of the life support issue. For years, many all over the country have pondered, "What if a person were in some kind of an accident and the physicians told them that they were not going to make it?" And all that he or she
Malware Attacks the Democratic Process Once upon a time, a candidate had to excel at kissing babies and stump speeches. These were the major ways in which the candidate got his -- or much less frequently her -- image out to voters. All that the candidate's staff had to do as to ensure that reporters and photographers showed up at the right time to capture the choreographed images. The world of
The student has provided research on various vibration analytic techniques such as the use of Laser Vibrometry for Damage Detection using Lamb Waves in discovery processes to detect microcracks. Outcome 3. The Information Literacy competency was satisfied through the research efforts made by the student through data gathering regarding aircraft structures and vibrations qualification techniques retrieved from the MIL-STD-810F and NASA Langley Research Laboratory. Techniques include Fatigue Damage Spectrum (FDS)
Christian Biotechnology: Not a Contradiction in Terms Presented with the idea of "Bioethics" most people in the scientific community today immediately get the impression of repressive, Luddite forces wishing to stifle research and advancement in the name of morality and God. Unfortunately, this stereotype too often holds true. If one looks over the many independent sites on the Internet regarding bioethics, reads popular magazines and publications, or browses library shelves for