1.
Reasons why Brad should be hired
To back up his claim that he was a staff member, Brad could talk about the following:
Coverage:
Even though Lay-Z-Guy was an independent contractor, he had a lot of control over Brad's work, including setting rates, deciding on areas, and planning advertising campaigns.
Exclusivity:
Brad could only work for Lay-Z-Guy, so it was more like a job relationship than an independent contractor relationship.
Long-term Relationship
: Brad and Lay-Z-Guy have been together since 1981, which could mean that they met at work.
2.
Evidence to back up Lay-Z-Guy's claim that Brad was registered as an independent worker.
Because of the following reasons, Lay-Z-Guy could stick to its claim that Brad was an independent contractor:
Contractual Agreement
: Brad was not an employee, but rather a freelance marketing expert, as stated in the written agreements.
Incorporation:
Brad had to incorporate, and the deals were between Lay-Z-Guy and Brad's company, not between Brad and Lay-Z, the individual.
Costs of Being Self-Employed
: As a normal self-employed person, Brad paid for his own office space, filed his taxes, and paid his workers' compensation payments.
3.
Which side would be successful?
The way this case is decided will likely depend on the job laws in the area where it is being heard. The fact that Lay-Z-Guy had complete control over Brad's work and the fact that they were the only ones working together, however, makes it clear that Brad was, in fact, an employee.
