Reference no: EM131389410
Gary, an estate planner, works on a contract basis for our clients at "State of Estates". On occasion, we contract Gary to handle a specific client for a specific estate planning job. Per our contract with Gary for these specific clients, he is paid commission on a weekly basis based on the overall fee received by the firm.
When working for these specific clients, 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 send it to the client on behalf of our firm. 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 financial products representative in our Nebraska office, landed a major Mutual Fund client just six weeks before planning to retire. In the interim, and before her commission was paid, she was let go by our firm. 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.
Write two 175-word memorandums based on the scenarios in one document. The memos should be written in third-person voice, and include citation of references (both in-text and at the end of the memo) in APA format.
|
Explain should she be able to recover from dr murray
: Virginia Hulbert sued Dr. Murray under the doctrine of respondeat superior, alleging that the nanny was acting within the scope of her employment when the automobile accident occurred. Should she be able to recover from Dr. Murray? Explain.
|
|
Articulate a human resource function or process
: Articulate a human resource function or process within the selected global organization.Analyze the influences the selected HR function or process has on achieving the organization's strategy. Does the function or process align with the organizati..
|
|
Explain the impact on affected stakeholders
: Explain the impact on affected stakeholders (e.g., stockholders, employees, creditors, suppliers, customers, etc.). Identify what measures could have been taken to prevent the fraud committed or detect it earlier.
|
|
Calculate maximum bending stresses in the steel and timber
: calculate the maximum bending stresses in the steel and timber
|
|
What legal tests could be employed to determine
: Gary, an estate planner, works on a contract basis for our clients at "State of Estates". On occasion, we contract Gary to handle a specific client for a specific estate planning job. Per our contract with Gary for these specific clients, he is p..
|
|
Explain should dr zukaitis recover
: Dr. Zukaitis then secured his own attorney to defend against the malpractice claim and brought an action against Aetna to recover attorneys' fees and other expenses incurred in the defense. Should Dr. Zukaitis recover? Explain.
|
|
Against whom may redi floors recover on outstanding invoices
: Believing Sonenberg owned the complex, Redi-Floors did not learn of the true owner's identity until after the work had been completed when a dispute arose concerning the payment of some of its later invoices. Against whom may Redi-Floors recover o..
|
|
Prepare report for managers of carlson department store
: Prepare a report for the managers of the Carlson Department Store that summarizes your findings, forecasts, and recommendations. Also include the following: An estimate of sales for Carlson Department Store had there been no hurricane
|
|
How the organization might adopt a technology trend
: Imagine you work for a health care organization and have been asked to develop a proposal on how the organization might adopt a technology trend to improve the quality of the health care delivered to organization members.
|