Employment Law One of the Challenges Case Study

Pages: 2 (589 words)  ·  Bibliography Sources: 2  ·  File: .docx  ·  Level: Master's  ·  Topic: Careers

Employment Law

One of the challenges that most employers will face is determining the employment status of an individual. This is because independent contractors are often used as a way to reduce costs and address specific needs inside the firm. However, there are times, when the status of a person can be brought into question if they qualify as an employee. The case involving Karen, is one where there are issues surrounding her status. To fully understand what is taking place requires carefully examining how she is classified, the potential legal implications and the way a policy can be created that will avoid these issues. Together, these elements will highlight if Karen's claims have any validity and how potential litigation can be eschewed.

Do you feel that Karen is an independent contractor or an employee? What is your rationale for this decision?

Karen is an independent contractor. This is because she is receiving a monthly salary with a 1099 at the end of the year. This is when she was provided with the full amount of her salary (i.e. $10 thousand per month) with no deductions such as: income taxes, Social Security or Workman's Compensation. These areas considered to be Karen's responsibility. Under IRS guidelines, this makes her an independent contractor. Moreover, she has a contract with the company showing this status. ("What is a 1099 Form," 2012) (Hill, 2008)

What factors do you feel help contribute to Karen being an employee?

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The increase in responsibilities helps to bolster Karen's case to a certain extent. This can be used to highlight how the employer -- employee relationship was continually evolving.

What factors favor her being a contractor?

Case Study on Employment Law One of the Challenges That Assignment

There are several factors illustrating how Karen is a contractor. These include: she was paid on form… [END OF PREVIEW] . . . READ MORE

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