Little Lamb Company
egarding 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 integral to the performance of the business.
It is true that certain factors associated with contract employment are not present in this case, given that Mary worked very closely…...
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References
Feig, E. (2007). Employee vs. independent contractor: Differences you need to know.
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 individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done" (IRS, 2017). The level of control that Dream Massage has over the massage therapist in this scenario is not consistent with the legal definition of an independent contractor. Both the behavioral and financial aspects of the common law definition are consistent with the person being an employee.…...
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References
Aslam, S. (2011). Hijab in the workplace: Why Title VII does not adequately protect employees from discrimination on the basis of religious dress and appearance. UMKC Law Review Vol 80 (221)
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 week to the project, and is to be paid on an hourly basis after presenting an invoice. However, the other businesses John deals in become a cropper come and he ends up dedicating more of his time to Make-a-Bed. After one year has passed and he has not made recommendations, John is replaced with another consulting agency and he attempts to claim unemployment benefits with Make-a-Bed as the last employer.
In court, John refutes any claims that he agreed to work…...
Human Resource Case Study
a summary of the facts of the case: A consultant named John Engineer took a job with "Make-a-Bed," a furniture manufacture that wished to consolidate its three plants. He wasn't hired as a regular employee, but rather as an independent contractor. Engineer was given a year to come up with a strategy to consolidate the company operations in Maryland, Pennsylvania, and Delaware. He was to be paid on an hourly basis, and was expected to put in 20 hours a week.
A year passed and Engineer had not presented his findings and made no recommendations so the company let him go. He filed for unemployment benefits (saying Make-a-Bed was his last employer) and was turned down; Engineer appealed the decision. In the hearing the HR person admitted it had established an automatic payment system -- as it does for regular employees -- not intentionally but by accident, so…...
Good Grocers is an expanding, up-and-coming new company that needs to preserve its reputation in the competitive grocery industry. As a company which is particularly anxious to promote itself as an ethical organization given its pro-organic and buy-local stance, it must be especially careful to safeguard its positive image in the mind of the public. Given the company's need to avoid a costly lawsuit, alternative dispute resolution would be advised as the best way to deal with the angry customer who claims to have stepped on a banana peel and injured herself. Alternative dispute resolution would be a less publically embarrassing and also a more attractive option for both the company and the aggrieved customer. "Alternative Dispute esolution ('AD') refers to any means of settling disputes outside of the courtroom. AD typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of…...
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References
Alternative Dispute Resolution (ADR). (2015). Cornell University Law School. Retrieved from:
Independent Contractor Status Boons
There are numerous reasons as to why it is of critical importance to distinguish whether an individual is an employee or an independent contractor. The first of these pertains to purposes of taxation. Quite simply, there are numerous ramifications that the status of these two options results in for those who select one or the other. In addition to having to fill out numerous different forms (especially if one is an independent contractor), the crux of the taxation issue is as follows. Independent contractors are generally issued 1099 forms. hen one is an independent contractor, numerous taxes are not taken out of his or her earnings -- including social security and other mandated federal taxes. Subsequently, that individual is responsible for paying those taxes on April 15 when one must submit one's tax documentation. Additionally, individuals who receive 1099s are subject to self-employment tax, which is largely…...
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Works Cited
Brosuga, Elizabeth. "How to Work as an Independent Contractor in Canada for a U.S. Company. www.articlescholar.com Web. 2012.
These three strengths of their content methodology, depth of expertise in the Asian manufacturing sector, and commitment to being a leader in electronic enablement and IT form a defensible competitive position. As a result, the company is well positioned to attract investors.
In supporting the contention that Global Sources is well positioned to attract investors based on the three unique strengths of a scalable content collection and management methodology, expertise with the Asian manufacturing community and that communities' unique needs and requirements, and an emerging strength in electronic enablement and IT, the following points need to be kept in mind. When these three factors are combined, the potential exists for Global Sources to move beyond just being a provider of content management services to leads for Asian manufacturers on the one hand, and sourcing, procurement and buy-side contacts for companies globally on the other. Taking into account the aggregation of…...
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References:
Sri Beldona, Mahesh S. Raisinghani. (2004). Exchanges in the Digital Economy: The Case of StorebrandXchange.com. Journal of Information Technology Cases and Applications, 6(1), 11-22.
D Randall Brandt. (2008). Getting more from the voice of the customer. Marketing Management, 17(6), 36.
John Elia. (2009). Transparency rights, technology, and trust. Ethics and Information Technology, 11(2), 145-153.
Fiona Czerniawska. (2005). THE NEW Business CONSULTING LANDSCAPE. Consulting to Management, 16(4), 3-6.
" To meet the criteria of a "champion," the top, middle and lower management has got to be not only at an advanced level, but also should be extremely valued. The top management should proactively encourage and advance the organizational goals, offering knowledge and assistance. Furthermore, it is vital that these "champions" make sure that employee complaint resolution endeavors are successfully executed. In one study, companies with devoted and advanced "champions" had been twice as probable to account that their organizations had been doing better than they anticipated (Yu, 2001). This shows that with top management support as well as advanced and knowledgeable employees can assist in increasing the organizational performance. In light of the aforementioned facts, we have chosen our third variable as top management support and our third hypothesis is:
Hypothesis three: The stronger the top management support, the higher the employee retention rates.
Collection of variables and Measurement Unit
The…...
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References
Conduit, J. & Mavondo, F.T. (2001). How critical is internal customer orientation to market orientation? Journal of Business Research, 51(1), 11
Felps, W. et al. (2009). Turnover contagion: how coworkers' job embeddedness and job search behaviors influence quitting. Academy of Management Journal. 52: 3, 545 -- 561.
James, L.R. (1980). Perceived job characteristics and job satisfaction: an examination of reciprocal causation. Naval Health Research Center. Personal Psychology Center.
Johnston, R. (2001). Linking complaint management to profit. International Journal of Service Industry Management, 12(1).
Further, CIA should incorporate as a closely held corporation. Although they will still have to create officers, have annual meetings, and issue shares, this can all be done privately. In other words, the founder will be able to maintain his close involvement by being the sole shareholder and performing all the officer roles.
In order to ensure that the instructors are hired as independent contractors, CIA should take the following steps:
Have every instructor sign a contract clearly labeled "Independent Contractor."
Have all instructors turn in a W9 form, the standard federal tax form for independent contractors.
In the contract, clearly lay out that each instructor is not an employee, will not receive any employee benefits, that the agreement may be terminated at any time and have it signed as "Independent…...
Studebaker v. Nettie's Flower Garden, Inc.
Plaintiff Judith Studebaker was injured in a car wreck with James Ferry, an employee of defendant Nettie's Flower Garden, Inc. Ferry was responsible for the accident, and Studebaker sought to recover from Nettie's for the injury under the theory of respondeat superior. Ferry was a flower delivery man for defendant. Ferry was paid per delivery, not on an hourly basis, and was responsible for establishing his own delivery schedule. Ferry used his own van for the deliveries, but Nettie had requirements for the van. Ferry did not wear a uniform, but was required to dress neatly and expected to behave in a business-appropriate manner. Ferry was responsible for his own expenses. Ferry had finished his morning deliveries and then went to a pawn shop to conduct some personal business. On the way to Nettie's shop, Ferry had an accident and hit Studebaker's automobile. Studebaker brought…...
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References
Cornell University Law School. (2010, August 19). Respondeat superior. Retrieved April 13,
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 contract with the firm was extended when another project came forth for which Mary's services were found suitable. However when the second project began, Mary was no longer an independent contractor since she was often asked to work with specific material and equipment and was also forced to follow company's work-schedule. This is an example of exploitation of independent contractor agreement since only an employee can be instructed to work with specific tools or when, where and how to work.
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 offer her some kind of severance pay for ending the contract. Prior to her receiving anything is when Karen would have to agree to never engage in any litigation against the firm in the future. This will protect the company's best interests.
Draft a sample policy for limiting the use of independent contractors that will help avoid issues like this in the future.
To avoid these kinds of challenges in the future, the firm should have all employees sign their contracts. Then…...
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.
Part 1 -- Mary is…...
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REFERENCES
Independent Contractor -- Self-Employed or Employee? (2012). Internal Revenue Service.
Outsourced employees should be limited to filling non-critical areas of need. They should be used to alleviate the load on regular employees, rather than to replace them. They will fill in non-essential positions, leaving full-time employees to fill the more sensitive security roles.
Strategic planning will be an ongoing process, rather than a single event that is a part of the initial phases of the process. Security issues are constantly emerging and evolving. In order to remain an effective deterrent to harm, one must stay informed and keep one's staff informed of the changes that occur. An informed staff will be the most effective in spotting and reporting threats before they become problematic. The strategic security plan will be one of continuous monitoring and improvement. Security audits will be a part of this strategic planning cycle. Training and regular staff briefing will round out the security planning sessions.
Overseas Security Advisory Council (2007) Guidelines for American Enterprises abroad, OSAC Publication, World wide 1 Jun 2005, Chapter 1 through chapter 7..
Vicarious Liability Case
This present study is a vicarious liability case assignment and it is divided into two primary sections. The first section aims at distinguishing between corporate criminal liability and tort law vicarious liability resulting from the negligence of a health care organization's employee. The second section defines and discusses apparent agency and then states the impact status of the agent/employee vs. independent contractor has on analysis of liability.
Corporate criminal liability vs. vicarious liability
Corporate criminal liability falls under criminal law which defines the extent to which a company or a corporate that exists as a legal person can be held liable for the omissions or acts of an employee working for it. Crime punishable by corporate criminal liability can be defined as a breach of public right and duties which affect the whole community. The doctrine of vicarious liability is entrenched in law of torts and it states that an…...
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References
Geraghty, 2002; Corporate Criminal Liability, American Criminal Law Review,
Gobert, J. 1994; Corporate Criminality: New Crimes for the Times; Criminal Law Review
Laski .H, 2006; 'Basis of Vicarious Liability' Yale Law Journal
Sealy L. S and Hooley R.A., 2009, Commercial Law: Text, Cases and Materials
Topic Idea 1: The Impact of Employee Retention on Organizational Performance
Explore the positive correlation between employee retention and key business outcomes, such as productivity, profitability, and customer satisfaction. Analyze how high turnover rates can lead to financial losses, operational inefficiencies, and reputation damage. Discuss the importance of identifying and addressing the root causes of employee turnover to improve retention.
Topic Idea 2: Strategies for Enhancing Employee Retention in the Digital Age
Examine the challenges posed by the changing nature of work and technology in retaining employees. Evaluate the effectiveness of strategies such as flexible work arrangements, remote work options, and....
1. Remote work: The shift to remote work during the pandemic has opened up opportunities for individuals to work from anywhere, leading to increased flexibility and the ability to collaborate with people from around the world.
2. Digital transformation: Companies have accelerated their digital transformation efforts to adapt to the changing landscape, creating new opportunities for tech-savvy individuals and businesses.
3. E-commerce: The boom in online shopping during the pandemic has created new opportunities for businesses to expand their online presence and reach a wider customer base.
4. Healthcare innovation: The pandemic has spurred innovation in healthcare, leading to new opportunities for companies....
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