legal environment for managers

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Question Description

Post your answer to questions 20-3, 21-6, at the end of each chapter in the text.(Attatched)

NOTE

1) Please check the PLAGIARISM

2) It should be 2000 words

n APA format


Text book: Cross, F. B., & Miller, R. L. (2015). The legal environment of business: Text and cases (9th

ed.). Stamford, CT: Cengage.

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School: UIUC

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Running head: LEGAL ENVIRONMENT FOR MANAGERS

Legal Environment for Managers
Name:
Institution:

1

LEGAL ENVIRONMENT FOR MANAGERS

2

Legal Environment for Managers
Question 20-3 Spotlight on Agency –Independent Contractors
The paper is focused on showing the results for a suit by Santiago, a plaintiff against
the newspaper company and the defendant Mr. Frausto as well as the explanation for the
outcome. Santiago filed a lawsuit against a company to pay him for the accident which
occurred when he was hit by a car which was delivering newspaper for the company.
According to Santiago, the company was liable for the actions of Frausto, and he expected
them to compensate him. Due to this claim, the company and Mr. Frausto moved to the trial
court for a summary judgment. In the court of trial, a summary judgment was provided which
showed that Frausto was an independent contractor. The decision made by the court was
based on the “Delivery Agent Agreement” which was signed between the company and
Frausto. However, during the trial, Frausto stated that besides having signed the contractual
agreement he considered himself as an employee of the company. The affidavit by Mr.
Frausto stated that he delivered newspaper as authorized by supervisor including placing the
newspaper in specific locations upon the request by the customer and claimed this made him
an employee of the company. Nonetheless, the ruling by trial made considered this evidence
and ruled against it. Dissatisfied by the court of trial ruling Mr. Santiago pursued justice in by
appealing the case to the Supreme Court which provided a certiorari to review and then
affirmed the decision reached by the trial court.
A comprehensive illustration of the reasons why the company should not be charged
for the actions of Frausto are depicted below. First, it should be noted that there is a distinct
difference between employee and an independent contractor and the rules which bide them in
relation to the company. An employee is completely different from independent contracts as
for the latter the company has no control over their detail work performance (Cross & Miller,

LEGAL ENVIRONMENT FOR MANAGERS

3

2015). The company is only mandated to pay taxes for the employees and not for the
independent contractor. Markedly, this is depicted in the case of Frausto as the newspaper
company was not withholding weekly taxes from him. Besides the company having health
and disab...

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Anonymous
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