Employer-employee relationsUniversity of PhoenixEmployment lawMGT 434JAugust 13, 2009This paper will address an employer and employee relationship, and show how those relations can become blurred. There are three main topics that will be discussed;1)Is Mary an independent contractor or an employee?2)Has the employer-employee relationship changed over the course of time?3)Is Mary's release legal under the doctrine of employment-at-will?First, one must approach this scenario in a way to analyze Mary's position using the criteria used by employers to determine if an employee is to be considered an independent contractor or an employee. This is the approach this response takes.
Independent contractor or an employeeMary seems to be an employee. For example, one critical eliminate to distinguish an independent contractor from an employee is the degree of control over how the work is completed. Initially Mary seemed to have more control than she did at the end, so it seems that she moved from being an independent contractor at the beginning to being an employee over time.
However, there are many factors to consider in making a determination as to whether a worker is an independent contractor or an employee. Let's look at some of them: Mary was hired to be a programmer, so initially Mary was contracted as an independent contractor for a specific project, however, the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules, this implies a move away from independent contractor towards an "at will" employee. Although not stated specifically, it sounds like Mary is working only for this company. Clearly, Mary seems to have moved to an "at-will" employee after the first project was completed.
Has the relationship changed over the course of timeAs mentioned above, it did seem to change over time. It...