Homework: Advisory Memo: Employment Issues
Purpose of Homework
This homework requires students to differentiate between independent contractors and employees in a given scenario. Students must also apply the concept of employment-at-will and its exceptions, as well as demonstrate an understanding of the differences of at-will in various states.
As a first-year Human Resource Specialist at "State of Estates" estate planning firm, your boss (Will N. Trusts) presents you with the following two scenarios:
Scenario I
Gary, an estate planner, works on a contract basis for our clients at "State of Estates". On occasion, we contract Gary to handle a specific client for a specific estate planning job. Per our contract with Gary for these specific clients, he is paid commission on a weekly basis based on the overall fee received by the firm. When working for these specific clients, Gary is able to use our office space, equipment, and any supplies necessary to complete the job. To ensure consistent work product and regulatory compliance, Gary submits his work to a supervisor, who approves it and send it to the client on behalf of our firm. Recently, we had to lay Gary off in the middle of a job and he filed for unemployment compensation.
1. What legal tests could be employed to determine whether Gary is an independent contractor or employee?
2. Based on these tests, what is your conclusion as to Gary's status: independent contractor or employee?
Scenario II
Susan, a financial products representative in our Nebraska office, landed a major Mutual Fund client just six weeks before planning to retire. In the interim, and before her commission was paid, she was let go by our firm. We did not have a contract for employment with Susan. She is now suing us for wrongful termination.
1. Would any exceptions to Susan's at-will employment apply under these circumstances?
2. Does it make a difference if Susan was employed in our Florida office?
Format your homework according to the give formatting requirements:
• The answer must be using Times New Roman font (size 12), double spaced, typed, with one-inch margins on all sides.
• The response also includes a cover page containing the student's name, the title of the homework, the course title, and the date. The cover page is not included in the required page length.
• Also include a reference page. The references and Citations should follow APA format. The reference page is not included in the required page length.