Law Employer/Employee Relationship Essay

To learn whether an private is an employee or self-employed person takeor chthonian the universal dutyfulness, the relationship of the doer and the business moldiness be examined. All rise of gibe and liberty must be considered. In an employee-independent scramor determination, tout ensemble information that turn ins evidence of the degree of c everywhere and degree of independence must be considered.Independent affirmer or EmployeeUnder federal and state police forces, an independent contr minuteor must be tho if that, independent. He or she must provide a product or renovation with forth punching a epoch clock or be told how to do the job. Independent contractors be described as persons engaged in occupations who contract to perform sprain correspond to their own methods, without being subject to supremacy of the employer except for the result. Before an employer sack up determine how to treat payments it makes for function, the employer must first inhabit the business relationship that exists amidst employer and the person performing the services.The person performing the services may be an independent contractor or an employee. Simply because an employer refers to a worker as an independent contractor or he or she has agreed to the governance in a pen contract does non mean that the individual is a up remediate classified as an independent contractor. Likewise, the incident that payments atomic number 18 bring outd by accounts payable vacatee than the payroll department also does not mean that the person is an independent contractor. The spirit of the relationship between the individual and the employer is the squ atomic number 18(a) determinant, and misclassification sens result in sedate consequences for an organization.In bloody shames case, the scenario is dark and may guide a miniscule to a greater extent information in crop to give an accurate assumption on whether or not bloody shame is a contracto r or an employee. Mary was engage for a special programmer aim as a contractor and save as the project was nearing completion, a in the raw project came into play. For this new project, Mary was mandatory to use political party materials and equipment while adhering to fraternity schedules, which makes it seem as though she was being treated as an employee. Mary, at virtuoso insinuate being an independent contractor, has drinkly developed a relationship with the employer, the more likely thither is an employer/employee relationship, and the tables at this point hasten turned.Not only has Mary been working for the comp both for a hail of years, Mary is now working at a lower place the supervision of a supervisor, using comp all materials and equipment, not to mention that she now has to stick to to the company work schedules. Under precedent rules, anyone who performs services for you is your employee if you can control what impart be through and how it result be done (Internal tax revenue Service, 2004).Employer / Employee RelationshipThe employer/employee relationship between Mary and belittled have has changed over the course of succession. With respect to Marys services, argon they regularly available to the cosmopolitan public? They should be, and if Mary does not tackle to make the availability of his/her services cognise to the general public, her relationship with Little bear could be viewed as an employer-employee relationship. The primary issue here is who is running the ship. Does Little love have the right to call or fire, determine the wage or allowance to be paid, and decide on the time, place, and way of life in which the work is to be done? If so, then the employer-employee relationship exists. Also, even if Little dear does not directly control Marys activities, but has the right to do so, the notion of control muted exists. Under the common-law (20) criteria test, an employer-employee relationship is present be tween Mary and Little Lamb Company.Employment at-willOne critical drill law issue affecting employee handbooks and policy manuals is drill at will. Employment at will is traditional common law panorama that an employee may seek work and set forth at any time, and likewise, that the employer may hire and fire at any time for any primer or no reason. Employees always have the right to quit their jobs, no matter how inconvenient their dispute may be for the employer. The employers right to fire or squirt the employee is not quite so simple and clear-cut. many 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 breach of contract to terminate the employee without pastime the procedure. Further, in states where at-will physical exercise does exist, it is littered with statutory exceptions. That means you cannot terminate workers if the discharge in fringes on a entertained right or goes against public policy (Falcone, 2004).Many employee 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 clarified that they are not at fault. Downsizing also affects a companys public profile, and its ex-employees can become either good-will ambassadors or the assoil opposite.Marys release was profound under the doctrine of economic consumption at-will, providing she was an employee. Employment-at-will stead does not provide employees with job security, and an employee can be fired on a moments notice for any legitimate 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 illegal.There are pentad key exceptions to the employment-at-will doctrineEmployment contracts If a contract exists, you must adhere to i ts footing and conditions, including notice requirement, least you breach the contract. Where an employment contract exists for a fixed termination of time (for example, three years) and is silent concerning causal agency for terminating the contract, many state courts have control that employers have an implied obligation to discharge only for erect cause. Similarly, unionized employees are governed by the terms and conditions of a collective negociate agreement-they are not at-will employees.Statutory considerations Dismissals are illegal when based on age, sex, bailiwick origin, religion, union membership or any other factor protected 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, engaging in group activities that protest unsafe work conditions or refusing to commit an unlawful act on the employers behalf.Im plied contract exceptions You may be bound by promises create in your employee handbook or spoken promises made at the hiring interview requiring just cause to terminate.In addition, you are verboten from discharging long-term employees just before they are due to receive anticipated financial benefits (known as an implied covenant of good assurance 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 well as reformist discipline (Falcone, 2004).ConclusionThe law disposal 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 entire 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 hindquarters 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 normally ascertain 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 substantially economically dependent upon the employer, then at long last the bottom line would be that there is an employee-employer relationship.ReferencesCastagnera, J. (1988). Personnel Law Book. Greenvale, New York display board PublishersFalcone, P. (2004). A legal Dichotomy. Retrieved September 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 Resources and the Law. Printice hall. Paramus, New J ersey.