Employment law in U.S.
Employment law in United State
Literature Review
Employment law evolved from contract law and master-servant law to deal with the unique problems characterizing the modern employment relationship. The first task is to determine the difference between a firm’s relationships with an outside contractor selling services and second its relationship with an employee. The difference not only affects the area of law that regulates the relationship, but it also affects the relevant tax law. In the United States, the Internal Revenue Service will find that an employment relationships exists when “the person for whom services are performed has the right to control and direct the individual who performs the services, not only as to the result to be accomplished by the work but also as to the details and means by which that result is accomplished.”(Bentley MacLeod, p.13)
The relationship of an employer and an employee exists when, pursuant to an express or implied agreement of the parties, one person, the employee undertakes to perform service or to do work under the direction and control of another, the employer. (Anderson A.R, Fox, A and Twomey, p.739) An employment relationship, in contrast, is characterized by a subset of all possible goods and services that represents the set of duties that the employer might ask the employee to carry out. An employment relationship often begins with little formal agreement about the tasks the employee will be asked to carry out. The longer the potential duration of the employment is the more incomplete the initial employment agreement. Given the informal nature of such agreements, when disputes do arise the courts will have little to rely upon when constructing the obligations of each party.
The primary English law of employment simply established that, in the absence of a contract, an employee was hired for a year at a time. This rule was designed to prevent injustice in an agrarian society. (Beatty, p.394) If an employee worked
Literature Review
Employment law evolved from contract law and master-servant law to deal with the unique problems characterizing the modern employment relationship. The first task is to determine the difference between a firm’s relationships with an outside contractor selling services and second its relationship with an employee. The difference not only affects the area of law that regulates the relationship, but it also affects the relevant tax law. In the United States, the Internal Revenue Service will find that an employment relationships exists when “the person for whom services are performed has the right to control and direct the individual who performs the services, not only as to the result to be accomplished by the work but also as to the details and means by which that result is accomplished.”(Bentley MacLeod, p.13)
The relationship of an employer and an employee exists when, pursuant to an express or implied agreement of the parties, one person, the employee undertakes to perform service or to do work under the direction and control of another, the employer. (Anderson A.R, Fox, A and Twomey, p.739) An employment relationship, in contrast, is characterized by a subset of all possible goods and services that represents the set of duties that the employer might ask the employee to carry out. An employment relationship often begins with little formal agreement about the tasks the employee will be asked to carry out. The longer the potential duration of the employment is the more incomplete the initial employment agreement. Given the informal nature of such agreements, when disputes do arise the courts will have little to rely upon when constructing the obligations of each party.
The primary English law of employment simply established that, in the absence of a contract, an employee was hired for a year at a time. This rule was designed to prevent injustice in an agrarian society. (Beatty, p.394) If an employee worked
References: Alexander D.D and Hartman P,L.(2004). Employment Law for Business (4th Ed.). United States: McGraw-Hill. Alexander D.D and Hartman P,L.(2007). Employment Law for Business (5th Ed.). United States: McGraw-Hill. Anderson A. R, Fox I, and Twomey P. D.(1987). Business Law (Rev Ed.). Ohio: South –Western publishing Co. Baumer L, D.(2004) Legal Environment of Business in the Information Age. United States: McGraw-Hill. Beatty F.J, Samuelson S,S.(2003). Legal Environment for a New Century. United States: West Legal Studies in Business, a division of Thomson Learning. Getz J.D.G & Romito S.K.(1988). Business Law (6th Ed.). California: McGraw-Hill. Hunt W, J. (1988). The Law of the Workplace: Rights of Employees and Employers (2nd Ed.). United States: The Bureau of National Affairs Inc. Litka P,M and Jennings, M.(1983). Business Law (3rd Ed.). New York: John Wiley & Sons Inc. Smith Y.L, Mann A. R and Roberts S, B. (1989). Essential of Business Law (3rd Ed.). United States: West Publishing Company.