Reference no: EM131428028
Employment relations
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-Guy 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.
a. What five tests are used by the courts to establish whether an EE-ER or an independent contractor relationship exists? Identify each and describe in a sentence or two. Use an example if it adds to your explanation.
b. What arguments could Brad make to support his position that he was an EE?
c. What arguments could Lay-Z-Guy make to support its position that Brad was an independent contractor?
d. Which side do you think would be successful? Explain your reasons fully.
e. Do you think that Lay-Z-Guy could successfully argue that even if Brad was an employee, the contractual 60 days’ notice provision should govern its responsibilities with respect to Brad’s termination?
|
Make a complaint under the employment standards act
: You are hired for the summer to paint houses for CK Inc. As part of your arrangement with CK, you sign a contract that states you are an “independent contractor”—you’re agreeing that you operate your own painting business. What arguments could you ma..
|
|
What does the leader do in the community group
: What are the similarities in the purposes, OR leadership styles OR dynamics of the community groups - How do the community groups differ from one another in relation to their purposes, OR leadership OR dynamics? Why do you think there are differenc..
|
|
Assume that no oil of either type can be purchased
: Chandler Oil Company has 5,000 barrels of oil 1 and 10,000 barrels of oil 2. The company sells two products: gasoline and heating oil. Both products are produced by blending oil 1 and oil 2. Gasoline is sold for $25 per barrel, heating oil for $20. F..
|
|
Level for the foreseeable future
: There are 10 million shares outstanding. What is the analyst's best estimate of the company's share price if the relevant risk-adjusted interest rate falls from 6 percent to 5 percent, and remains at that level for the foreseeable future?
|
|
Employment relations
: 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. What arguments co..
|
|
How would you create a nested process
: A Nested Process is identified as a concept of a process within a process. Meaning, processes can be broken down into subprocesses, which in turn can be broken down furher into more subprocesses. How would you create a “nested process”?
|
|
Typical criterion employed to identify winning contracts
: In contracting, change control focuses on. Which of the following is not a typical criterion employed to identify winning contracts
|
|
Countries that both countries receive imports
: Identify the top 5 countries that both countries receive their imports. Identify the top 2-3 product groups imported by each country. List the product code and abbreviated title.
|
|
When an employee produces an invention as part of her job
: When an employee produces an invention as part of her job. When an employee produces an invention as part of her job: who gets ownership.
|