Legal Issues between Employee and Employer

Paper Summary:

This paper discusses whether a person in the scenario presented is an employee or an independent contractor. It further discusses whether the relationship of the person with the company has changed over time. Lastly it discusses whether the person was wrongfully terminated when she is employed under the doctrine of employment at will. It is broken up into 3 sections and includes newspaper articles.

From the Paper:

"Mary may have begun her business relationship with the Little Lamb Company as an independent contractor but at the time she was discharged she had moved from being an independent contractor to an employee. An independent contractor is defined by Webster's Dictionary of the Law (2000) as "an individual who contracts to provide services to others but, unlike an employee, retains significant autonomy in deciding how to carry out the work" (Clapp, p. 106). "Under U.S. law, a person can be classified as only an employee or an independent contractor...the key criterion is who controls how the work is done. A company controls its employees as to when where and how to work, what equipment to use, [etc.]" (Kearns, 2005, p. E-2). Every aspect of the employment relationship may be looked at to determine whether or not a person is an employee however the IRS has identified some of the more..."

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