Employee Employer Relationship Quiz Essay

618 words - 2 pages

Questions: Is Mary an independent contractor or an employee? Describe the factors that led to your determination.Answer:Mary is an independent contractor. " An independent contract is defined as "a person or business which provides goods or services to another entity under terms specified in a contract (Independent contractor,1997-2008)."The factors that lead to my determination are as follows:-The Little Lamb Company needed another programmer for a special project.-Mary was hired as the programmer to work on the special project.-When a new project arose, it was determined that Mary services were needed to complete this project.The above factors indicate that Mary was hired as an independent contract but things changed her status to employee.Questions: Has the employer/employee relationship changed over the course of time? If so, how?Answer:The employer and employee relationship with Mary changed when she began working closely with the supervisor on the project. The supervisor began to monitor the Mary's work instead of the project results. In addition, the supervisor required Mary to use company materials and equipment and to adhere to the company's work schedule.The factors that lead to my discussion are as follows:-When a continuous relationship develops between the worker and employer this is an employer-employee relationship.-When the supervisor set the work hours in order to exercise, control over a worker this indicates a change in Mary's status from independent contractor to an employee.-When the supervisor supplies the materials and equipment to an independent contractor this suggests that Mary in now considered an employee of the Little Lamb Company.-The supervisor required Mary to complete her work at the company.The Internal Revenue Service (IRS) has 20 factors that determine the status of an individual as an employee or an independent contractor. The Little Lamb Company has violated five of the 20 IRS factors, which makes Mary an employee.Questions: Was Mary's release legal under the doctrine of employment-at-will? Why or why not? If not, which...

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