Employer-Employee Relations Quiz Mary initially started with the Little Lamb Company as a programmer with an employment contract. When her initial project neared completion, a new need for her services arises and the company asks Mary to continue with the new project and use the company’s work schedule, material and equipment. After two years, the company terminates Mary’s employment for budget reasons and when the need for a programmer arises again, the supervisor chooses to hire his equally qualified cousin instead.
With this information the following questions will be answered: 1. Is Mary an independent contractor or an employee? Describe the factors that led to her determination. a. Mary began seemingly as an independent contractor due to her contract with the company, but over time, her employment status became unclear and then shifted more towards a permanent employee role. This becomes clear when the company required her to work during their schedule and use their equipment and materials. 2.
Has the employer-employee relationship changed over the course of time? If so, how? a. Yes the employer-employee relationship has changed over the course of Mary’s work with the company. Initially, Mary was brought on with a contract for the initial project, then a new project was created and the contract is not mentioned to have ever been renewed. It is when the company required Mary to use the company’s equipment and materials on their property and work the company’s work schedule that the initial employment agreement phased out. . Is Mary’s release legal under the doctrine of employment-at-will? Explain why or why not? If not, which of the following exceptions to employment-at-will have been violated? Explain why. a. When the employer decided to let Mary go and then rehire a family member a month later; this is a breach of implied covenant of good faith and fair dealing because Mary was a long-term employee and was terminated for budgetary reasons (Bennett, 2007).
Not rehiring Mary violates the at-will employment under Title VII because the company set forth expectations of Mary as if she was an employee instead of an independent contractor (Federal, n. d. ). ? References Bennett-Alexander, D. (2007). Employment law for business (Adobe Digital Version) Federal laws prohibiting job descrimination. (n. d. ). Retrieved from http://www. eeoc. gov/facts/qanda. html