Discuss brad sued for wrongful dismissal damages


Assignment task: Brad began working at Lay-Z-Guy in 1981 as a customer service manager. In 1995 his employer started requiring him and other salespeople to sign a series of one-year agreements that stated they could be terminated on 60 days' notice. Three years later it required Brad to incorporate, and from that point forward, the agreements were between Lay-Z-Gufy and Brad's corporation. The agreements defined Brad, and later his corporation, as an "independent marketing consultant" and expressly stated that the relationship was not one of employment, but rather of an independent contractor-principal. Brad paid for his own office space and remitted his own income taxes and workers' compensation premiums. At the same time, Lay-Z-Guy set prices, territory, and promotional methods and Brad was limited to servicing Lay-Z-Guy exclusively. In 2003, Lay-Z-Guy terminated the agreement with 60 days' notice. Brad sued for wrongful dismissal damages, alleging that he was an employee.

What arguments could Brad make to support his position that he was an employee?

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Business Law and Ethics: Discuss brad sued for wrongful dismissal damages
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