Employer-Employee Relations Paper
By: portdog1984 • Essay • 809 Words • May 5, 2011 • 2,370 Views
Employer-Employee Relations Paper
Employer-Employee Relations Paper
The discussion of the Little Lamb Company and how it needs an additional programmer for a special project take will take place in this paper. Little Lamb Company entered into a contract with Mary to complete a project. As the project neared completion a new need for Mary's services was established. Mary was asked to continue with the company to complete the new need, a new project. While completing the new project, the supervisor began working more closely with Mary; this required her to use the company materials and equipment while abiding to work schedules. After two years, economic conditions forced the company to make budget cuts. Mary was asked to leave. A major contract was obtained thirty days later by the company. The new contract restored the need for Mary's services as a programmer. The company did not choose to offer Mary the opportunity to return, but the supervisor chose his equally qualified cousin for the need.
Was Mary an independent contractor or an employee?
During the project it appears that Mary's focus begins to transition from an independent contractor to an employee. As Mary began working on the new project she had to begin complying with the companies specific work schedules. Mary, also began working closer with the supervisor, working with the supervisor shows that she is being overseen and managed in her workplace. Mary has also transitioned into using the companies equipment and materials. These factors of Mary being an employee shows that she no longer is solely using her expertise, Mary is being managed and has to follow and use the companies schedule, materials, and equipment. This could be seen as an independent contractor if the time period of the contract is a shorter period of time. Mary worked on the two projects for two years.
Has the employer-employee relationship changed over the course of time?
The relationship of employer-employee relationship with Mary and the company did appear to change overtime. During the initial project with the Little Lamb project Mary was hired as an independent contractor for the purpose of feeling the company's need of another program. Mary was able to bring her expertise and was then contracted to perform her programming skills. Following the first project was a new project. The new project the Little Lamb Company asked Mary to work on the project, during which she transitioned to an "at-will employee," changing Mary's employer-employee relationship because of her keeping to the Little Lamb's schedule, working with their supervisor, and using their equipment and materials.
Is Mary's release legal under the doctrine of employment-at-will?a
Determining whether Mary's release was legal