MGT 434/ Employment Law
Employer-Employee Relations Quiz
The Company of Little Lamb hired Mary as a programmer for a special project. There was a contract for that specific project, and near completion. However, the company was still in need of her services. So, they asked Mary to continue working with the company until the project was finished. There was no mention of any contract made; however, the supervisor of the company began to work directly with Mary. They wanted her to use company materials, equipment and at the same time remain on company work schedules. The company after two years went through financial difficulties and they asked Mary to leave. But a mere thirty days later the Little Lamb Company acquired a major contract. They hired Mary’s relative and never offer her the opportunity to return. Investigation:
Is Mary an independent contractor or an employee? Describe the factors that led to her determination.
There is a need to know the release of Mary from her employment. The employment-at-will was under action for legal set of guidelines. There are two related questions that needed to be answered first and these are: 1) her status while working at the Company, if she was an independent contractor or an employee; and 2) the nature of the employer-employee relationship, if it underwent change over the course of time.
Based on the information given, May was a skilled programmer who worked outside the context of regular office hours and direct supervision from the company manger or supervisor. There was a contract that was made for a specific project. It was pointed out that the project was near completion and therefore there was a time element to the work that it was not expected to go on and on forever. This means that Mary knew that after the project was completed, her services was no longer needed and the company had no obligation to retain her services or to make her an...