Good Example OF Employment Law Essay
I cannot be considered an independent contractor, but an employee of the company. The common law definition of the terms employee and independent provides that an employee is one who works for another for a fee conditioned on the provision of services to the latter under circumstances in which the latter has the right to control the manner and the means of accomplishing it. On the other hand, an independent contractor is one who works for another for a fee, but retains the right to control the means and manner of performing it (Craig 2008).
On the basis of such definitions, I cannot be considered an independent contractor. Although the company does not specifically control as to how I will fix the computers, they provided me with the equipment, such as computers, and two assistants in doing the job. All these infringe on the degree of control I have on my work. In Nationwide Mutual Insurance Co. v. Darden, 503 U.S. 318 (1992), the SC established the 12-factor test, which can be used to distinguish an employee from an independent contractor. Control, according to the Court must cover the following: skill that must be met; tools, equipment and instruments used in accomplishing the service; the length or duration of the contract; assignment of additional projects; discretion as to the time to be allotted to the work; manner of payment; ability to hire and pay assistants; the connection of the service to be performed to the regular business of the hirer; involvement of hirer in business; employee benefits, and; tax treatment. Despite the fact that the tax payment is left to me, this cannot overcome the fact that many features of the contract point toward independent contracting.
Neither am I an agent of Greg’s because I do not deal with third parties, but my work is confined to fixing company computers. Agency presupposes that a person acts on behalf of another in transacting with parties outside of the company (Miller and Jentz 2007).
Craig, C. (2008). Basic Labor and Employment Law for Paralegals. Aspen Publishers Online.
Miller, R. and Jentz, G. (2007). Cengage Advantage Books: Business Law Today: The Essentials. Cengage Learning.
Nationwide Mutual Insurance Co. v. Darden, 503 U.S. 318 (1992).
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