Essay on Employee Status

• Is Mary an independent contractor or an employee? Describe the factors that led to her determination.

Several factors must be examined to determine if Mary was an independent contractor or an employee. In the beginning Mary seemed to be hired as an independent contractor. As the relationship continued for two years Mary seemed to move more toward an “at will” employee. The following factors were taken into consideration to determine Mary was an “at will” employee of the company.

1) Was a distinct occupation or business being performed; Mary was contracted as an programmer (independent contractor) for a specific project

2) Degree of control over work; Mary when a new need arises for her service is asked to use company materials and equipment while also working more closely with the supervisor. Mary was also asked to adhere to company work schedules. This moved Mary to more of an “at-will” employee.

3) Where is work getting done; Mary was working in the office, adhering to company schedules, and working closely with the supervisor. This suggests that Mary is an “at-will employee”.

4) Who supplied the tools to complete work; Mary was required to use company equipment and materials to complete the tasks

5) What was basis of payment; There was no mention of payment in the scenario, but assumption that Mary was required to adhere to company schedules and use of company equipment and materials may suggest payment was similar to other programmers.

6) Who decided how work was done; Mary was required to follow work schedules and work close with the supervisor. This may suggest that Mary had less control over how it was performed and moved toward an employer-employee relationship.

7) Length of services performed; Mary was originally contracted for a specific project, but more needs arose for Mary’s service. Mary was with the company for two years. This would seem to suggest that Mary moved toward more of an employee position. This in addition to the other factors such as, requirement to use company materials, equipment, following schedules, and working closely with supervisor.

8) Basis of termination; Economic conditions forced budget cuts and Mary was asked to leave. This would suggest that Mary was an “at will” employee.

• Has the employer-employee relationship changed over the course of time? If so, how?

At the introduction of their relationship, Mary was contracted as an independent contractor by the company to be an additional programmer for a special project. Mary had more control over how work was accomplished. As more needs for Mary’s service arose the company asked her to stay on, use company materials and equipment, follow work scheduled, and work closely with the supervisor. Two years of Mary working with this company is asked to leave due to poor economic conditions. When a new project was acquired Mary was not

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