LAW441 Phoenix Independent Contractors versus At Will Employees Paper

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Business Finance


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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.

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Employment Law Paper Grading Guide LAW/441 Version 2 Business Law for Small Business and Entrepreneurs Copyright Copyright © 2017 by University of Phoenix. All rights reserved. University of Phoenix® is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft®, Windows®, and Windows NT® are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. Employment Law Paper Grading Guide LAW/441 Version 2 Individual Assignment: Employment Law Paper Purpose of Assignment Students will explore the impact of employment-law issues in a small business or entrepreneurial context, including independent contractor status and its impact on employment-law liabilities. Grading Guide Content Met Partially Met Not Met Total Available Total Earned 100 #/100 Partially Met Not Met Comments: The student describes the business and employment (or independent contractor) issue. The student identifies the employment law issues and includes perspectives of both the employee (or independent contractor) and employer. The student explores how the business should address this legal issue, and why. The student analyzes how they might advise the business owner to minimize future employment-law risks. The paper is 1,400 to 1,750 words in length. Writing Guidelines Met The paper—including tables and graphs, headings, title page, and reference page—is consistent with APA formatting guidelines and meets course-level requirements. Intellectual property is recognized with in-text citations and a reference page. Paragraph and sentence transitions are present, logical, and maintain the flow throughout the paper. Copyright © 2017 by University of Phoenix. All rights reserved. Comments: 2 Employment Law Paper Grading Guide LAW/441 Version 2 Writing Guidelines Met Partially Met Not Met Total Available Total Earned 50 #/50 150 #/150 Sentences are complete, clear, and concise. Rules of grammar and usage are followed including spelling and punctuation. Assignment Total # Additional comments: Copyright © 2017 by University of Phoenix. All rights reserved. Comments: 3
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Independent Contractors versus At-Will Employees



Independent Contractors versus At-Will Employees
Businesses depend on human resources in the accomplishment of their set objectives.
Employees of any company are guided by the employment laws in the definition of their
relationship with their employers. Employment laws are a collection of rules and laws
responsible for the regulation of relations between employers and employees. Employment laws
determine the nature of services and the rights that each employee enjoy when working in the
company (Brown, n.d.). The relationships between employers and employees vary in many ways,
and there is need to understand various employment laws to avoid legal consequences for both
parties. In business, there exist both employees and independent contractors who are always
confused amongst many individuals. The employees have various benefits and are subject to tax
implications from the employers. Employees are protected under Title VII of the Civil Right Act.
There are other employees who work under the employees at will doctrine and are allowed to
leave the job at their will without too many legal implications. Under the employee at will
doctrine, the employer can also dismiss the employee without necessarily violati...

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