Individual Assignment Advisory Memo On Employment Issues

Individual Assignment Advisory Memo Employment Issuesas A First Year

As a first-year Human Resource Specialist at “State of Estates”, you are tasked with analyzing two employment-related scenarios to determine legal classifications and employment rights based on given circumstances. The scenarios involve assessing whether Gary, a contract-based estate planner, qualifies as an independent contractor or employee, and whether Susan, a financial products representative, is subject to wrongful termination claims under employment at-will laws across different states. Your analysis should include applicable legal tests, relevant case law, and state-specific employment law principles. Furthermore, you must evaluate whether any exceptions to at-will employment apply, especially considering Susan’s situation and her employment in different state jurisdictions. The objective is to demonstrate a comprehensive understanding of employment classification, contractual employment relationships, and state-specific employment law exceptions, supported by credible references. The memos should be written in third-person voice, adhering to APA standards, and must be approximately 175 words each. Include citations and a references page with scholarly sources related to employment law, independent contractor status, and at-will employment exceptions.

Paper For Above instruction

In analyzing Gary’s employment status, legal tests such as the "Economic Realities Test" and the "Control Test" are employed to distinguish between an independent contractor and an employee (U.S. Department of Labor, 2020). The Control Test evaluates the degree of control the employer exercises over the worker’s work—if the employer dictates how, when, and where the work is performed, this suggests an employment relationship. Conversely, the Economic Realities Test examines factors like financial independence, degree of skill required, and the permanency of the relationship (Miller & Jentz, 2021). Application of these tests indicates that Gary’s ability to use office resources, submit work for approval, and dependency on the firm for specific jobs lean towards an employee classification. Despite contract terms granting him flexibility, the control exercised by the firm suggests an employer-employee relationship (Feldblum et al., 2019). Therefore, Gary is likely classified as an employee for legal purposes, rendering him eligible for unemployment benefits following the layoff.

Regarding Susan, her status as an at-will employee in Nebraska is governed by state law, which generally maintains that employment can be terminated at any time by either party absent an employment contract (Rosenfeld, 2020). Exceptions, such as wrongful termination based on discrimination, retaliation, or breach of public policy, could potentially apply. Given Susan’s recent significant client acquisition before termination, claims for breach of implied contract or good faith and fair dealing might be considered, although Nebraska favors employment at-will (Rosenfeld, 2020). In contrast, Florida’s employment law also recognizes employment at-will but provides specific exceptions, including cases of wrongful termination derived from public policy violations or implied contracts (Florida Statutes, 2022). The employment in Florida does not significantly alter the at-will presumption unless specific contractual obligations or public policy exceptions apply. Therefore, Susan’s claims could fail unless she establishes an exception, with jurisdiction influencing the extent of protections and remedies available.

References

• Feldblum, P., et al. (2019). Employment Law: An Introduction. Journal of Labor & Employment Law, 15(3), 250-271.
• Florida Statutes. (2022). Employment Law and Employee Rights. Retrieved from https://www.flsenate.gov/Laws/Statutes
• Miller, R. L., & Jentz, G. A. (2021). Business Law Today: Comprehensive. Cengage Learning.
• Rosenfeld, M. (2020). State Employment Law Guide. National Conference of State Legislatures.
• U.S. Department of Labor. (2020). Fact Sheet on Independent Contractors and Employees. DOL.gov.