Employer †Employee Relationship Essay

Little beloved Company needs an additional programmer for a special befuddle. The c exclusivelyer-up enters into a go with bloody shame to complete this examine. Just as the project is nearing completion, ab initio an item-by-item contractor as she had a high full point of control over how the organise is all over, and enters into a contract with the friendship a new need arises for her services. She is asked to continue with the company to complete the new project. slice completing the new project, the supervisory program begins overwork on more than closely with bloody shame and requires her to use company materials and equipment epoch adhering to company work schedules. bloody shame seems to be moving toward an at-will employee position, because she appears to have less control over how the work is accomplished as she will probably have to answer to the supervisor, and using the companies materials and equipment and adhering to the company work schedules.After t wo years suggests at-will employee because of the length of time beingness 2 years, economic conditions force the company to make budget cuts. bloody shame is asked to leave as an employee, as she is obviously no longer working as an breakaway contractor, when asked to leave the company. Thirty days later, a study contract is acquired by the company, which reinstates the need for Marys services as a programmer. However, the supervisor chooses to hire his equally-qualified cousin and not offer Mary the opportunity to return. The use of word hire implied that Mary had been an employee and not an independent contractor.Is Mary an independent contractor or an employee? Describe the factors that led to your determination.thither are several criteria to determine if Mary is a contractor or an employee. For example, one critical aspect to distinguish an independent contractor from an employee is the microscope stage of control over how the work is accomplished. Initially Mary seemed to have more control than she did at the end, so it seems that she moved from being a independent contractor at the beginning to an employee over time. However, there are legion(predicate) factors to consider in making a determination as to whether a worker is an independent contractor or an employee.Some of these criteria includeWhether a distinct occupation or business isbeing performed e.g. programmer, so initially Mary was contracted as an independent contractor for a peculiar(prenominal) project.The amount of supervision over the means by which the work is performed e.g. the supervisor begins working more closely with Mary and requires her to use company materials and equipment plot of ground adhering to company work schedules implies a move away from independent contractor towards an at will employee.The degree of skill required to perform the work e.g., programmer equally-qualified cousinWho provides the tools used to perform the work, and, e.g., requires her to use company materials and equipment while adhering to company work schedules and therefore moving towards being an at-will employeeThe place where the work is done e.g. Mary is working in the office, the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules suggesting an at-will employee position.Has the employer/employee relationship transformd over the course of time? If so, how?As mentioned above, it did seem to change over time. It seems that initially, Mary could be considered an independent contractor because Little dearest Company needs an additional programmer for a special project and Mary entered into a contract with the company. However, Mary was later asked to inhabit on and began working close to the supervisor, who expected Mary to used the company materials and equipment, to make out the company work schedule, and was terminated at will when economic conditions demanded. Thus, Mary se emed to move from an independent contractor to an at-will employee.3) Was Marys release court-ordered under the belief of employment-at-will? why or why not?This is sloppy water and it depends. If Mary had moved into an at will employee, then the doctrine of employment-at-will allows her employee to let her go without reason (however, they initially had a contract, which we look at in the next part of this question below). In the scenario, it says Mary enters into a contract for the first project, however, makes nomention of a contract when she is asked to stay on (however, sometimes contracts are implied). For example, in most states of the United States all employees are considered at will employees. That means that the employer can terminate or change the employment relationship at will, unless there is a contract with the employer. In general, an employer can fire an at will employee, or change the employees position or compensation with no key out and no reason.Likewise, th e employee can terminate his employment at will without placard or reason. However, there are three possible legitimated reasons employee can scrap a wrongful terminationIf not, which of the following exceptions to employment-at-will have been violated? Why?a) Breach of public policy (Perhaps) Values, principles and basic rules that the courts and legislatures consider to be in the best interest of individuals and the general public. Employer violations of specific labor and employment laws dexterity be called violations of public policy, instead of or in addition to violations of the specific laws. That is because it is in the best interest of all workers that all employers obey such laws. Public policy may be written or implied, and varies among states and municipalities. Consequently, whether or not an employer has violated public policy is often a count of interpretation by a court or arbitrator (i.e., hired cousin instead of having Mary return).b) Breach of implied covena nt of good credence and fair dealing. Probably not, because it is dealing with contracts and the question is dealing with at-will exceptions.c) Breach of implied contract (this is a possibility). Why? For example, in a contract between the employer and the employee, hitherto in the absence of a formal written employment agreement. For example, language in an employee handbook may promise all layoffs are establish on seniority or we give employees at least 2 weeks notice of all layoffs. Therefore, if Mary thins she is wrongfully terminated, as an employee she can contest a wrongful termination for these legitimate reasons