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Employment Law College - Case Study Example

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Summary
Mary is a Common-Law Employee because Mary was able to perform the services as an employee to the Little Lamb Company as an additional programmer. The company has still the control in terms of what Mary will be done and how the work will be done by her. Mary was also given the freedom of action by Little Lamb in the aspect of work and Little Lamb has the right to control the details of how the services are being performed by Mary…
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Employment Law College Case Study
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Employment Law P Employment Law Employment Law In APA Style of School Employment Law P2
Mary is a Common-Law Employee because Mary was able to perform the services as an employee to the Little Lamb Company as an additional programmer. The company has still the control in terms of what Mary will be done and how the work will be done by her. Mary was also given the freedom of action by Little Lamb in the aspect of work and Little Lamb has the right to control the details of how the services are being performed by Mary. To be able to determine whether Mary is said to be an employee or the independent contractor under this common law, there must be careful examination of the relationship between the worker as well as the business. The evidence of control that are all possible including the independence must also be considered and the determination of an employee-independent contractor, thee should also be consideration with all the information that may provide the evidence in the degree of control as well as the independence' degree. Mary has the behavioral control wherein the facts are shown because Little Lamb Company has the right to direct and even control Mary for doing the task wherein the instructions were given by Little Lamb to Mary such as requiring her to use the company materials including the equipment while adhering to the schedules of company work.
Mary is subject to the instructions of the company such as when, where, and absolutely how to work wherein this is a proof that Mary is really the common law employee rather than independent contractor because Mary is not using her own methods. As the common-law employee, the training with regards to the company, financial control and the extent for Mary has the unreimbursed company expenses and the independent contractors are said to be more likely to be able to reimburse the said business expenses. The fixed costs that are ongoing are said to be incurred not considering whether the said work is performed currently classified as specifically important.
Employment Law P 3
In defining the contract of employment, it includes compliance with the terms and conditions based on the Basic Condition Employment Act or to any other laws that provides protection to workers such as the Labor Relations Act. In the case of breaking any protective laws then the said contract is said to be not enforceable. According to the employment law, an employer can change the contract even the worker does not conform or agree to the changes. However, any change in the labor contract is like a new contract wherein it is required that the employer must give notice to the worker for any change and in the process there will be negotiation for the new terms and conditions with the worker. Apparently, if the employer and the worker cannot agree with the changes then the employer can just go to the implementation and if ever the worker will continue on working despite of the new conditions then it will eventually be part of the contract. In the case a worker does not agree to the changes then he or she can refuse to accept the changes and if the employer dismisses the worker then it is categorized as unfair dismissal. In the case of Mary, being a contractual worker, he can just stop working for the employer, however, if the employer forced her to resign than forcing her to accept the changes then it may be an automatically unfair dismissal. Mary and her employer agree into a contract and it was established before she starts the assigned job. The basic feature of labor law states that the rights and obligations of the employer and the worker are mediated through the contract of employment and if ever the employer unfairly dismiss the worker then it is deemed categorically unfair. However, the law that protects the worker depends on the particular legislation of the country in which the work is located. In a continuing relationship, the relationship between the independent worker and employer usually ends when the job is finished (Stevens, 2007).
Employment Law P 4
References
Contract Workers. Retrieved August 13, 2007, from
http://www.state.wv.us/admin/personnel/emprel/toolbox/contract.htm
Independent Contractor vs. Employee: Exploring the Categories by Sharon Stevens. Retrieved
August 13, 2007, from http://extension.missouri.edu/explore/regpubs/ncr546.htm
Independent Contractor vs. Employee. Retrieved August 13, 2007, from
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html Read More
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