Law Employer/Employee Relationship Essay

To determine whether an respective(prenominal) is an employee or free lance wringor under the common legality, the human race of the thespian and the business moldiness be examined. All test of control condition and independence must be considered. In an employee-independent contractor de departure, all information that provides evidence of the power orchestrate of control and degree of independence must be considered.mugwump Contractor or EmployeeUnder federal and plead laws, an independent contractor must be b arly that, independent. He or she must provide a product or service without punching a pointedness clock or macrocosm told how to do the origin. Independent contractors are described as persons engaged in occupations who contract to perform pop off according to their induce methods, without being subject to control of the employer except for the add. forward an employer endful determine how to treat payments it makes for services, the employer must firstly k immediately the business relationship that exists between employer and the person performing the services.The person performing the services whitethorn be an independent contractor or an employee. tho now because an employer refers to a worker as an independent contractor or he or she has agreed to the array in a pen contract does non mean that the individual is correctly classified ad as an independent contractor. Likewise, the fact that payments are issued by accounts collectible rather than the payroll department alike does non mean that the person is an independent contractor. The nature of the relationship between the individual and the employer is the true determinant, and misclassification can result in serious consequences for an organization.In bloody shames case, the scenario is vague and whitethorn need a half-size more information in order to progress an accurate assumption on whether or not bloody shame is a contractor or an employee. bloody shame was hired for a special programmer get off as a contractor and just as the project was nearing completion, a smart project came into play. For this new project, bloody shame was required to use company materials and equipment while adhering to company schedules, which makes it seem as though she was being treated as an employee. Mary, at one point being an independent contractor, has now developed a relationship with the employer, the more likely in that location is an employer/employee relationship,and the tables at this point accommodate turned.Not only has Mary been working for the company for a number of years, Mary is now working under the supervision of a supervisor, using company materials and equipment, not to mention that she now has to adhere to the company work schedules. Under case law rules, anyone who performs services for you is your employee if you can control what will be do and how it will be done (Internal tax revenue Service, 2004).Employer / Employee Rela tionshipThe employer/employee relationship between Mary and petite honey has changed over the course of beat. With respect to Marys services, are they timedly available to the general worldly concern? They should be, and if Mary does not attempt to make the availability of his/her services known to the general public, her relationship with detailed dearest could be viewed as an employer-employee relationship. The primary issue here is who is running the ship. Does Little Lamb have the right to hire or fire, determine the earnings or salary to be paid, and decide on the time, place, and manner in which the work is to be done? If so, then the employer-employee relationship exists. Also, even if Little Lamb does not directly control Marys activities, but has the right to do so, the notion of control still exists. Under the common-law (20) criteria test, an employer-employee relationship is save between Mary and Little Lamb Company. consumption at-willOne critical utilization law issue alter employee handbooks and insurance manuals is habit at will. Employment at will is traditional common law status that an employee may seek work and sidetrack at any time, and likewise, that the employer may hire and fire at any time for any reason or no reason. Employees always have the right to quit their jobs, no matter how inconvenient their departure may be for the employer. The employers right to fire or evict the employee is not quite so sincere and clear-cut.Some employees work under a written contract that specifies exactly the circumstances under which they can be terminated. If the agreement sets out a termination procedure, then it is a break in of contract to terminate the employee without following the procedure. Further, in states where at-will employment does exist, it is littered with statutoryexceptions. That means you cannot terminate workers if the discharge infringes on a defend right or goes against public policy (Falcone, 2004).Many emplo yee terminations are based on a need to downsize, rather than on the employees individual poor performance (D. Shilling 1998). When employees are classified as reduction in force, it should be excellent that they are not at fault. Downsizing also affects a companys public profile, and its ex-employees can become either near(a)-will ambassadors or the complete opposite.Marys release was legal under the article of belief of employment at-will, providing she was an employee. Employment-at-will status does not provide employees with job security, and an employee can be fired on a moments notice for any true reason, or for no reason at all. On the other hand, if Mary was a contractor, then Little Lamb would have broken the employment contract which would be vile.There are five come upon exceptions to the employment-at-will doctrineEmployment contracts If a contract exists, you must adhere to its terms and conditions, including notice requirement, least you breach the contract. Wher e an employment contract exists for a fixed period of time (for example, three years) and is silent concerning grounds for terminating the contract, some state courts have ruled that employers have an implied indebtedness to discharge only for just cause. Similarly, unionized employees are governed by the terms and conditions of a collective negotiate agreement-they are not at-will employees.Statutory considerations Dismissals are illegal when based on age, sex, national origin, religion, union rank and file or any other factor entertained by law. Potential problems arise any time you fire someone in a protected class.Public policy exceptions You cannot terminate an employee for such activities as filing a workers compensation claim, whistle blowing, spicy in group activities that protest unsafe work conditions or refusing to commit an unlawful act on the employers behalf.Implied contract exceptions You may be shore by promises published in your employee handbook or oral prom ises made at the hiring interview requiring just cause to terminate.In addition, you are prohibited from discharging long employees just before they are due to collar anticipated financial benefits (known as an implied covenant of good faith and fair dealing). Because of these limitations, you must attempt to protect the at-will employment status at all costs. And that requires regular reminders about the at-will relationship you have with employees, as good as progressive discipline (Falcone, 2004).ConclusionThe law governing the relationship between an employee and an employer begins when an offer for employment is made by an employer to an employee. Labor law regulates the built-in relationship between employer and employee and the initial hiring process, job duties, wages, promotions, benefits, employment reviews and termination of the employment relationship. It also includes litigation on the basis of unfair labor practices and discrimination. Sometimes there is a question of whether a worker is an employee or an independent contractor.The courts will usually look to the relationship and determine whether the employer had the right to control how the employee performed the job. If that is unclear, the court may look to the nature of the relationship between the employee and the employer. If the employee is well economically dependent upon the employer, then ultimately the prat line would be that there is an employee-employer relationship.ReferencesCastagnera, J. (1988). Personnel uprightness Book. Greenvale, New York Panel PublishersFalcone, P. (2004). A legal Dichotomy. Retrieved kinsfolk 24, 2006 from http//www.shrm.orgInternal Revenue Service. United States Department of Treasury. Retrieved September 25, 2006 from http//www.irs.govShilling, D. (1998). kind-hearted Resources and the Law. Printice hall. Paramus, New Jersey.