n this scenario, Mike is an accountant that has an office which he rents. As it is getting near tax season, he has contracts with different companies to organize books and to do taxes for companies. One of those is ABC Inc., who contracted with him to organize the books and to prepare the taxes for the year. The contract says that he is to be paid a lump sum at the time he files the taxes for the company and if he does not complete the taxes by April 15 for ABC Inc., Mike will be held liable for damages. It also says ABC Inc. cannot fire Mike unless there is a breach of contract by Mike. Mike comes and goes at the company when he has to acquire information needed to do the job, sometimes working on one of the company’s computers in order to do so, but for the most part he does the majority of the work from his office. …show more content…
He has his own office, which shows that he does not depend on ABC Inc. for a place to work and also completes most of the work at his office as well, unlike employees who depend on their employer for a place to work and complete most of it there. Mike has other clients who he offers his services to, which he would not be able to do if he were an employee. He is not paid per hour, week, or month, which also points to him not being an employee. According to the 20 factor test, since Mike will be liable if he does not complete the contract and ABC Inc. cannot fire him unless he breaches the contract, this also indicates him as being an independent contractor. Overall, 20 factor test is used to determine how much control a company has over a person, to determine if they are an employee or an independent contractor. Due to the lack of control of ABC Inc. over Mike and how he completes the contract, Mike is considered an independent
this case could be an tricky in the court, because in the contract they only
, but Marshall said that since it was a contract it could stay and was legal
In terms of Vocation History client does not have a job, and she had never work before. As stated by client she would like to work
His tax preparer charges him $240 to prepare his annual tax return, as shown on line 22. He also owns multiple stocks and bonds, which he stores in multiple safe deposit boxes. Each safe deposit box will be left to his nieces and nephews upon his death. The annual fee to store these investment documents is $4,600. This $4,840 is subject to a limit. The deductible amount is anything above 2% of his AGI. He is only allowed to deduct $2,905, as seen on line 27 of Schedule A.
and himself. When working was not getting him anywhere he could always find a careless
Also, after an acquisition Liberman would have 50% ownership, which could decrease his involvement in this particular business and also led to incentives misalignment. Indeed, he had diversified businesses and could have been looking for a cash-out. Liberman’s full involvement and commitment were crucial for joint venture success.
At the beginning he was told to report to Jenkins, however, once he got to the site he was assigned to Jeff Hardy. After the company reorganization, he found himself wondering whether he should report to Knight or Hardy. However, despite the confusion, he never brought up this question to Hardy, Jenkins or Knight. He perhaps then fell into the trap of a “bosssubordinate relationship” and went with the structure he felt was assigned without truly understanding its reasoning. ii. He didn’t take enough time to understand HQ’s perspective on various issues a. Replacing the chief engineer, rejecting frequency reuse patterns, or failing to get sign off on agreements for GMCT cell sites indicate failures in managing upward management relationships. Problem #2: Employee Dynamics Strengths 1. Peterson was committed to building an empowering environment for employees. i. Peterson called weekly construction meetings, which invited all to report on the company’s weekly progress and issues. Shortcomings 2. He failed to consider alterations in team dynamics when making hiring and salary decisions. i. He hired Trevor at a higher salary rate to the resentment of other employees, causing significant damage to the trust and respect between employee and manager.
his company, at least to some extent, and so he decides the extent to which he will take on this
This is Tom’s fifth year in the real estate business and he has prepared his own tax returns in previous years. His recordkeeping is shoddy and it seems that Tom wants to deduct as much as possible in business expenses, but his accountant wants to avoid being completely erroneous.
This case outlines the background of the negotiations between NBC (National Broadcasting Corporation) and Paramount for the extension of renegotiating the rights to the TV show, Frasier. While NBC wanted to pay under $5 million per episode in order to make a profit, Paramount seemed to be demanding $8 million per episode. This was a very big gap considering that there were 24 episodes per season and that Paramount wanted a three year term on the renegotiated contracted. The key parties in this case are NBC (represented by Mark Graboff, Scott Sassa and Jeff Zucker) and Paramount (represented by Kerry McCluggage and Gary Hart).
We re-traded that since we last talked to you. So we are going to agree that Ms. Moore will keep all of the movables currently in her possession. She -- we’ve already spoken about Pirkle and Arrowhead Hills in terms of the business entities. She will also get the remaining movables in her possession. The parties are going to waive reciprocally all claims relative to reimbursement. They are going to waive reciprocally all claims relative to rental and any claims for alleged mismanagement under -- we call the 2354, but I think Mr. Kitchens and I both agree that’s probably more attributable to a 2369 Post-Termination Claim under the Civil Code. Further, business operations of the facility, either way, we are agreeing by this compromise those
Employed by individuals or larger firms on someone's conditions, to set up someone's own business, or to find employment using a company where the function may be slightly more constrained, but also more regular and with no condition
The general test for whether or not a worker is an employee or an independent contractor is whether or not the employer has the right to control or direct how work is done or how the person completes the project. If an employer only cares about the result of a project, and not how the worker spends his or her daily time, then it is likely that the worker is an independent contractor. However, if the employer has the ability to control a worker’s day-to-day tasks, such as when the worker arrives and leaves, or how the work gets done during the day, then that person is usually an employee.
My first question was, “What do you see as the best opportunity for your company to expand if I am hired?” He eluded what we talked about before about a unique opportunity for the employees is the ability to help find more work, and with more work meant more money for everyone. Another question I posed to him was, “What advice would you give me to be successful, what is expected of me, in this position?” Mike said that the usual standard issue expectations would of course apply like, punctuality, professionalism, good communication skills, and a willingness to get dirty and work hard. Mike made the point that his company wasn’t a large corporation and nine times out of ten he would be in the “trenches” with everyone else, but that hiring quality employees is an essential part to the success of his
and when to do it. He decides weather or not he keeps staff, if so he