independent contractors versus at will employees

PLEASE READ CAREFULLY AND GO OVER THE ATTACHED GRADING GUIDE SO ALL REQUIRED POINTS ARE COVERED IN THE PAPER.

NO MORE THAN 800 WORDS

You are the Member/Manager for your business All Things You Don’t Need But Want. You purchased your business last year from a company that has been operating for 30 years. In doing so, you assumed all rights and obligations of existing contracts which includes debts and rights to payments. You also kept all existing employees of the company on the same terms as they were previously employed. You are confronted with the following two scenarios:

Scenario 1

Gary is a buyer for your company. He works on a contract basis to acquire merchandise for your business to resell. On occasion, we contract Gary to handle a specific seller for specific merchandise items. Per our contract with Gary for these specific jobs, he is paid on a weekly basis. When working for us, Gary is able to use our office space, equipment, and any supplies necessary to complete the job. To ensure consistent work product and regulatory compliance, Gary submits his work to a supervisor, who approves it and sends it to the purchasing department. Recently, we had to lay Gary off in the middle of a job and he filed for unemployment compensation.

· What legal tests could be employed to determine whether Gary is an independent contractor or employee?

· Based on these tests, what is your conclusion as to Gary’s status: independent contractor or employee?

Scenario 2

Susan, a works in our purchasing department in our Nebraska office, She was fired just six weeks before planning to retire. We did not have a contract for employment with Susan. She is now suing us for wrongful termination.

· Would any exceptions to Susan’s at-will employment apply under these circumstances?

· Does it make a difference if Susan was employed in our Florida office?

Apply the concept of employment at-will and its various exceptions, including differences in approach to at-will among the states.

Include a title page, introduction, headings, sub-headings, in-text citations, a conclusion, and a reference page. Use 3 to 5 references from sources other than the text, 2 to 3 of which should be peer-reviewed sources.