WEEK 5 FINAL EXAM
Employment Law Final Exam
Radiah DiPiano
Webster University
HRMG/5700
Summer Term
July 26, 2014
Author Note
Certificate of Authorship: This paper was prepared by me for this specific course and is not a result of plagiarism or self-plagiarism. I have cited all sources from which I used data, ideas, or words either quoted or paraphrased.
Employment Law Final Exam
1. There are two factors that would need to be considered by the Federal Court to determine the validity of Leroy’s lawsuit against the construction company that contracted his services. The first factor to consider would be: Was there a written document that identified the nature of the association or working relationship between the two parties, which also established their rights and obligations? And two: Did Leroy wait too long before trying to bring a lawsuit against the construction company for the use of the “N” word against while fulfilling his contractual obligations with the company? It is imperative on the employer’s behalf to clearly define who is an employee and independent contractor, if their goal is to minimize the risk of costly legal battles. According to Bennett-Alexander and Hartman (2012): If the employer intends to hire the worker as an independent contractor, the agreement should articulate the extent of the worker’s control over her or his performance and the outcome to be produced pursuant to the contract and should be paid for completion of the job instead of specific hours worked towards completion (pg. 21). The filing of a claim with the EEOC must be done within the established time frame. “If there is a 706 agency in the employee’s jurisdiction, the employee has 300 days rather than 180 days within which to file. The EEOC defers the complaint to the 706 agency for 60 days before investigating” (Bennett-Alexander & Hartman, 2012, pg. 115). In my opinion, the probable result of this case would be to dismiss it, due to the fact Leroy waited too long to
Radiah DiPiano
Webster University
HRMG/5700
Summer Term
July 26, 2014
Author Note
Certificate of Authorship: This paper was prepared by me for this specific course and is not a result of plagiarism or self-plagiarism. I have cited all sources from which I used data, ideas, or words either quoted or paraphrased.
Employment Law Final Exam
1. There are two factors that would need to be considered by the Federal Court to determine the validity of Leroy’s lawsuit against the construction company that contracted his services. The first factor to consider would be: Was there a written document that identified the nature of the association or working relationship between the two parties, which also established their rights and obligations? And two: Did Leroy wait too long before trying to bring a lawsuit against the construction company for the use of the “N” word against while fulfilling his contractual obligations with the company? It is imperative on the employer’s behalf to clearly define who is an employee and independent contractor, if their goal is to minimize the risk of costly legal battles. According to Bennett-Alexander and Hartman (2012): If the employer intends to hire the worker as an independent contractor, the agreement should articulate the extent of the worker’s control over her or his performance and the outcome to be produced pursuant to the contract and should be paid for completion of the job instead of specific hours worked towards completion (pg. 21). The filing of a claim with the EEOC must be done within the established time frame. “If there is a 706 agency in the employee’s jurisdiction, the employee has 300 days rather than 180 days within which to file. The EEOC defers the complaint to the 706 agency for 60 days before investigating” (Bennett-Alexander & Hartman, 2012, pg. 115). In my opinion, the probable result of this case would be to dismiss it, due to the fact Leroy waited too long to