Advisory Memo: Employment Issues

Decent Essays

Advisory Memo: Employment Issues There have been several tests that have been developed and are commonly used by legal authorities to determine how employees and independent workers should be classified. The most common test is the common-law test of agency. This particular law addresses various factors, some of which include who have the right to control the work, the 20-factor analysis of the Internal Revenue Service (IRS), and the economic realities analysis (Bennett-Alexander and Hartman, 2015). The common law agency test is used to determine employer status, especially whether the employer has the right or ability to control the work. Scenario 1 The scenario involving Gary, an estate planner who works on contract basis for “State of Estates” is being considered. The text states that a worker who is required to comply with another …show more content…

There are some exceptions to the employment at-will doctrine namely, public policy, implied contract and implied covenant of good faith. It is often difficult for an employee to prove that any of the aforementioned exceptions apply to them. For instance, Nebraska and Florida have no public policy exception, and the two states have no exceptions to the covenant of good faith also. Nebraska has an implied contract exception, which can only be applied if there was a contract in the first place (, 2017). But the scenario indicates that Susan has no contract with the organization, and it makes no difference whether she worked in Nebraska or Florida as the two states have similar legislation on the exceptions to the doctrine of employment at-will. The only difference in the laws is where Nebraska has an implied contract exception while Florida has none. References Bennett-Alexander, D. & Hartman, L. (2015), Employment law for business (8th ed.), New York: McGraw-Hill Education

Get Access