This website uses cookies to ensure you have the best experience. Learn more

Memo Essay

2496 words - 10 pages

Question Presented

Acol provides guitar lessons at Marsha’s Guitar Shop and recently began to sporadically cover the front desk at the shop. An independent contractor has the right to control the manner and means of accomplishing the result desired. Essentially, a principal only has direct control over the outcome of the work, while an independent contractor has control of how that work will be undertook. Can Acol be classified as an independent contractor?
Brief Answer
Probably yes. Courts use a variety of factors to determine whether an individual qualifies as an independent contractor. However, courts have held one of the most significant factors is the degree of control exercised over the individual hired to perform the work. Acol had a large degree of control over the performance of her own work. Acol chose her own hours, had full control over the lesson plans, and used her own instruments to perform the lessons. The overall circumstances, coupled together, demonstrate Acol principally controlled her own work. Therefore, the court will likely find Acol an independent contractor.
Statement of Facts
Stephanie Acol has been giving lessons at Marsha’s Guitar Shop, owned by Marsha Mullins, for the past two years. Video Recording: Interview of Marsha Mullins by Ana Tadeo, Law Offices of Tadeo and Associates (Oct. 14, 2013) (in client file). There is no written agreement between Acol and Mullins. However, they do have an oral agreement, whereby Acol rents the back studio of the shop from Mullins for three hundred dollars a month. Moreover, Mullins receives a flat rate fee of twenty dollars for every person she refers to Acol for guitar lessons. Mullins requests Acol wear a company shirt and also keep track of all her clients through the shop’s internal calendar. Mullins also requests Acol notify her whenever she cannot make a lesson, in advance, for those clients which Mullins referred. Acol does her own advertisement and does have a business card with Marsha’s Guitar Shop logo on it. However, the business card has her name and number as a point of contact. Moreover, Acol has complete control over the lesson plan and hourly rate she charges. The studio was completely furnished by Mullins but Acol uses her own guitar when providing lessons. Mullins estimates about twenty to thirty percent of her entire revenue comes from the referrals she gives to Acol. Mullins also estimates Acol makes around forty to fifty dollars an hour for the lessons.
Over the past couple of months, the receptionist at Marsha’s Guitar Shop was getting ill and Acol sporadically covered the front the desk. There was no set schedule for when Acol covered the front desk and the amount of hours Acol covered varied depending on the day. Mullins paid Acol ten dollars an hour, under the table, for when Acol covered. Acol is not on Mullins’ payroll and receives no benefits. However, the person who usually covers the front desk is on Mullins’ payroll and receives benefits....

Find Another Essay On Memo

Strategy Memo Essay

662 words - 3 pages Erie88 | Matei Birladeanu, Linda Du, Haley Kurylo, Scott Oakes, Victoria Wright | CAPSIM Strategy Meme#1Erie88's CAPSIM Strategy Memo #1Vision StatementWe aspire to be an industry leader. With innovation in our DNA, we strive to gain 50% plus of the market share in both high and low tech sectors by manufacturing cost-effective low tech products and by creating cutting-edge high tech products. Our customer centric approach in positioning products

Memo Essay

2999 words - 12 pages I. Under Maryland law, can a physician who is defined as a mental health provider, be held liable to a third party for negligence for breaching their duty to warn the third party? II. Can a claim against a heath care provider for medical malpractice, where the injury falls outside the scope of a medical injury, be subject to mandatory arbitration under The Maryland Health Medical Malpractice Claims Act? BRIEF ANSWERS I. Probably not, a physician

MEMO

1140 words - 5 pages I have found a product worth recommending to the Hong Kong market.The product named Powerbar is a nutrient. Now it is very popular in the USA,but it is not available in HK.In today¡¦s busy world ,it¡¦s extremely important that we consume that proper nutrients to support our efforts of building a better body through healthy diet.The delicious tasting powerbar provides us the high quality proteins and make us become

The Bybee Torture Memo

3067 words - 12 pages The Bybee Torture Memo On August 1, 2002, Justice Jay Bybee submitted the “Bybee Memo” or the ‘Torture Memo”, which describes the behavior that U.S. officials must exercise when interrogating outside of the continental U.S. as governed by the UN Convention Against Torture. Although this

Database usage Memo

1162 words - 5 pages Database Usage Memo Running head: DATABASE USAGE MEMO Database Usage Memo Raheem Alli University of Phoenix Database Usage Memo Information databases are effective methods of storing information, and when used properly, can help give an organization an edge over their competition. At my job, the Employment Development Department, we utilize Microsoft Excel, Goldmine, and Macromedia

Management Behavior Memo

646 words - 3 pages Memo: Management BehaviorHRM/531 Human Capital ManagementSeptember 30, 2010September 30, 2010Memo To: Supervisory TeamSubject: Management BehaviorWith InterClean undergoing new development and direction, I would like to make all managers aware that the company goal is to provide a wide range of cleaning services and solutions that will become our most productive avenue for sales. By now everyone should have read the memo from David Spencer

Memo/email assignment

876 words - 4 pages Untitled Memo Date: November 8, 2010 To: All Capital Insurance employees From: Robin Baskin, Office Manager Subject: Excessive tardiness/call-ins I am writing you on behalf of the recent increase of tardiness and call-ins on the job. It has become so excessive that the head manager and I held a short meeting about what we could do to change this. Too many of you are taking advantage of calling in for different

Memo of Transmittal

1116 words - 5 pages Purpose The purpose of this memo is to provide the Management Team at Tech Garden with insight into the new customer loyalty program. This memo will explain why a customer loyalty program is desirable at Tech Garden. This memo will also provide successful customer loyalty program implementation techniques for Tech Garden. This memo will outline key company and customer benefits with the development and application of a customer loyalty program

Management Behavior Memo

776 words - 3 pages transition is vital to make sure this organization is acting in a professional manner. I have drafted this memo to outline and explain how a manager's actions and behavior can impact employee productivity while keeping in line with employment laws and those of best practices for working within a diverse work environment.Our behavior will also create an environment where greater productivity benefits the organization and our employees. Listed is ways

Internal Memo for Client

1804 words - 7 pages Memo PAGE \* MERGEFORMAT 1 In this Memo we will identify and analyze our client's legal situation and assess the situation and describe how the law firm can help. First, we need to answer the question what is an easement. An easement "is a given or required right to use another person's land without owning or leasing it. Easements may be either express or implied. Express easements must be in writing to be enforceable, whereas implied

Internal Memo for Client

1801 words - 7 pages University of PhoenixBusiness LawIn this Memo we will identify and analyze our client's legal situation and assess the situation and describe how the law firm can help. First, we need to answer the question what is an easement. An easement "is a given or required right to use another person's land without owning or leasing it. Easements may be either express or implied. Express easements must be in writing to be enforceable, whereas implied

Similar Essays

Acct Memo Essay

631 words - 3 pages Accounting MemoIrene EmondBCOM/230July 14, 2014Jay Johnson Running head: ACCOUNTING MEMO 1 ACCOUNTING MEMO 2 Accounting MemoWhen creating a memo, the first thing to do is to know and identify your purpose and your audience. Failing to know your audience can result in misinterpretation, needing more clarification or being altogether ignored. Considering your audience is a must, as it falls under the same category as knowing the purpose of

Acct Memo Essay

631 words - 3 pages Accounting MemoIrene EmondBCOM/230July 14, 2014Jay Johnson Running head: ACCOUNTING MEMO 1 ACCOUNTING MEMO 2 Accounting MemoWhen creating a memo, the first thing to do is to know and identify your purpose and your audience. Failing to know your audience can result in misinterpretation, needing more clarification or being altogether ignored. Considering your audience is a must, as it falls under the same category as knowing the purpose of

Case Memo Essay

937 words - 4 pages Xinyi ZhaoCase Memo 2Sep. 25th, 2014Analyzing a comprehensive case of a nonprofit organization is a good way to practice applying nonprofit management knowledge to the actual nonprofit world. In this case memo, I will summarize key points of the East Coast Orchestra's case and develop an abbreviated strategic plan for this organization along with three goals for the organization to respond to specific problems mentioned in this case. In terms of

Reconciliation Memo Essay

1359 words - 5 pages This memo seeks to negotiate a contractual resolution between Span Systems and Citizen-Schwarz AG for the purpose of maintaining our one-year contract, worth six million dollars. By bridging the gap between how we are currently facilitating our business transactions with how we aspire to facilitate business transactions, we can preserve our relationship. As project manager, my responsibility is to be proactive in getting our project back on