Contingent Knowledge Worker Challenges
The Employer - Employee Relationship
Markqurnet Joseph
HRM/445
April 2, 2012
Andrew Sargent
The Employer - Employee Relationship
This paper contains information that will identify and discuss the employer-employee relationship. It is intended to establish the point in which a prospective applicant becomes an employee. It will argue the difference between a contractor and an employee. It is also aimed to define the legal implications and obligations that exist in the employer-employee relationship. Finally, it will highlight some of the laws that concentrate on the employer-employee relationship.
Establishing the Employer - Employee Relationship The question has frequently been asked; "Who is an employee?" In simple terms, an employee is defined as someone who does work for someone else and receives compensation. According to Walsh (2007), depending on the legal basis for an employee 's claim, the applicable criteria can differ. Just because a worker is considered an employee because of wage laws doesn 't mean they have the right to sue an employer for discrimination (p. 48). Several factors have to be considered before that right is established which will be discussed at a later time. Methods such as acquiring workers through temporary agencies or contracting them in addition to the complications of a company 's structure can make it unclear as to what entity is responsible if employees’ rights are disregarded. There are some legal implications in instances where a company can be found liable for violating workers rights who are not their employees. In those situations the courts can apply what 's called the multi-employer doctrine stating in instances of multi-employer work areas that "an employer who creates a safety hazard can be liable under the Act regardless of whether the employees threatened are its own or those of another employer on the site" (Walsh, 2007, 9. 55). The
Markqurnet Joseph
HRM/445
April 2, 2012
Andrew Sargent
The Employer - Employee Relationship
This paper contains information that will identify and discuss the employer-employee relationship. It is intended to establish the point in which a prospective applicant becomes an employee. It will argue the difference between a contractor and an employee. It is also aimed to define the legal implications and obligations that exist in the employer-employee relationship. Finally, it will highlight some of the laws that concentrate on the employer-employee relationship.
Establishing the Employer - Employee Relationship The question has frequently been asked; "Who is an employee?" In simple terms, an employee is defined as someone who does work for someone else and receives compensation. According to Walsh (2007), depending on the legal basis for an employee 's claim, the applicable criteria can differ. Just because a worker is considered an employee because of wage laws doesn 't mean they have the right to sue an employer for discrimination (p. 48). Several factors have to be considered before that right is established which will be discussed at a later time. Methods such as acquiring workers through temporary agencies or contracting them in addition to the complications of a company 's structure can make it unclear as to what entity is responsible if employees’ rights are disregarded. There are some legal implications in instances where a company can be found liable for violating workers rights who are not their employees. In those situations the courts can apply what 's called the multi-employer doctrine stating in instances of multi-employer work areas that "an employer who creates a safety hazard can be liable under the Act regardless of whether the employees threatened are its own or those of another employer on the site" (Walsh, 2007, 9. 55). The
References: IRS Businesses Independent contractor defined. (2012). Retrieved from http://www.irs.gov/businesses/small/article/ Walsh, D. J. (2007). Employment Law for Human Resource Practice (2nd ed.). Retrieved from The University of Phoenix eBook Collection database. Wood, R. (2008, May/Jun). Defining Employees and Independent Contractors. Business Law Today, 17(A5), 45-48.