Reference no: EM133800010

Question

Your supervising attorney, Mr. Thomas, has asked you to assist on a new case. Your client, John Smith, has an agreement with an architectural firm, Dewey, Cheatham, and Howe. He has been working with Dewey, Cheatham, and Howe for 18 months. While drafting some architectural blueprints at the Dewey office, John tripped over a cord and broke his leg. The agreement states that John will be paid $120 per hour with no benefits, holidays, vacation or sick time. He works on a project basis and is required to dress in a shirt and tie. John has his own office in the Dewey suite and must be in the office from 9 a.m. - 3 p.m. After each portion of project completion, John must have his plans approved by a managing supervisor. John has come to your law firm asking if he must file a worker's compensation claim or if he can file a civil lawsuit against Dewey, Cheatham and Howe. Mr. Thomas has asked you to draft a memo detailing whether John is an employee or independent contractor and the basis for your reasoning. John's status determines whether he must file a worker's compensation claim or if he can file a civil lawsuit.