MGT 434 Employment Law Employer/Employee Relationship

To incur whether an someone is an employee or fencesitter asseverator to a lower place the common law, the kind of the worker and the channel moldiness(prenominal) be examined. All prove of control and inde framedence must be considered. In an employee-independent buzz offor determination, all information that provides evidence of the stratum of control and degree of independence must be considered. unaffiliated Contractor or EmployeeUnder federal and state laws, an independent contractor must be just that, independent. He or she must provide a product or go without punching a time clock or being told how to do the job. separatist contractors are described as persons engaged in occupations who contract to perform work according to their own methods, without being shell to control of the employer except for the result. Before an employer can determine how to share payments it makes for services, the employer must first know the business relationship that exists amo ngst employer and the person performing the services. The person performing the services may be an independent contractor or an employee. Simply because an employer refers to a worker as an independent contractor or he or she has agreed to the arrangement in a pen contract does not stringent that the individualist is correctly separate as an independent contractor.

Likewise, the fact that payments are issued by accounts payable rather than the payroll department also does not concoct that the person is an independent contractor. The nature of the relationship between the individual and the employer is the t rue determinant, and misclassification can r! esult in serious consequences for an organization. In bloody shame?s case, the scenario is vague and may make a little more information in revision to generate an accurate assumption on whether or not Mary is a contractor or an employee. Mary was employ for a special programmer project as... If you want to halt a full essay, order it on our website: OrderCustomPaper.com

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