MGT 434 Employment Law Employer/Employee Relationship

To suss out whether an someone is an employee or free-living asseverator to a lower place the common law, the kinship of the worker and the military control moldiness(prenominal) be examined. All recite of control and inde draw updence 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 assist without punching a time clock or beingness 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 rel ationship that exists amongst 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 non stringent that the various(prenominal) is correctly sieve as an independent contractor.

Likewise, the fact that payments are issued by accounts collectable rather than the payroll department also does not recall that the person is an independent contractor. The nature of the relationship between the indi vidual and the employer is the true determin! ant, and misclassification can result in serious consequences for an organization. In bloody shame?s case, the scenario is vague and may want a little more information in gild to generate an accurate assumption on whether or not Mary is a contractor or an employee. Mary was leased for a special programmer project as... If you want to press a full essay, order it on our website: OrderCustomPaper.com

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