Week 2 Individual
Little Lamb Company needs an additional programmer for a special project. The company enters into a contract with Mary to complete this project. Just as the project is nearing completion, a new need arises for her services. She is asked to continue with the company to complete the new project. While completing the new project, the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules. After two years, economic conditions force the company to make budget cuts. Mary is asked to leave. Thirty days later, a major contract is acquired by the company, which reinstates the need for Mary’s services as a programmer. However, the supervisor chooses to hire his equally qualified cousin and not offer Mary the opportunity to return. Answer the following questions based on the scenario:
Is Mary an independent contractor or an employee? Describe the factors that led to her determination.
At first Mary was acting as an independent contractor but as the relationship continued it seems as though Mary’s position changed to an at-will employment. The factors that changed this position is when the manager started working more closely with Mary and requested Mary to use the company’s materials while work alongside the company’s work schedule. Also, Mary was asked to perform tasks outside of the original contractual agreement.
Has the employer-employee relationship changed over the course of time? If so, how?
Yes, after Mary completed her contractual responsibilities, the company renegotiated her duties. At this time she should have been officially moved to an at-will employee. Even though she was not officially changed to an at-will position, she was still operating under the identifiers of an at-will employee and was outside of her contractual agreement.
Is Mary’s release legal under the doctrine of employment-at-will? Explain why or why not? If not, which of the following exceptions to
Is Mary an independent contractor or an employee? Describe the factors that led to her determination.
At first Mary was acting as an independent contractor but as the relationship continued it seems as though Mary’s position changed to an at-will employment. The factors that changed this position is when the manager started working more closely with Mary and requested Mary to use the company’s materials while work alongside the company’s work schedule. Also, Mary was asked to perform tasks outside of the original contractual agreement.
Has the employer-employee relationship changed over the course of time? If so, how?
Yes, after Mary completed her contractual responsibilities, the company renegotiated her duties. At this time she should have been officially moved to an at-will employee. Even though she was not officially changed to an at-will position, she was still operating under the identifiers of an at-will employee and was outside of her contractual agreement.
Is Mary’s release legal under the doctrine of employment-at-will? Explain why or why not? If not, which of the following exceptions to