What legal tests could be employed to determine whether Gary is an independent contractor or employee?
- What legal tests could be employed to determine whether Gary is an independent contractor or employee?
- Based on these tests, what is your conclusion as to Gary’s status: independent contractor or employee?
Scenario 2
Susan, a financial products representative in our Nebraska office, landed a major Mutual Fund client just six weeks before planning to retire. In the interim, and before her commission was paid, she was let go by our firm. We did not have a contract for employment with Susan. She is now suing us for wrongful termination.
- Would any exceptions to Susan’s at-will employment apply under these circumstances?
- Does it make a difference if Susan was employed in our Florida office?
Apply the concept of employment at-will and its various exceptions, including differences in approach to at-will among the states.
Write two 175-word memorandums based on the scenarios in one document. The memos should be written in third-person voice, and include citation of references (both in-text and at the end of the memo) in APA format.