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Essay sample - Employer Employee Relationship Quiz
Pages 2 (502 words)
And when she was required for a new project she was "asked to continue". Had she been an employee, she would have been bound to continue with whatever project comes her way. Also, if an employer engages a worker with the expectation that the relationship will continue indefinitely, rather than for a specific project or period, this is generally considered evidence that the intent was to create an employer-employee relationship…
An independent contractor is not required to adhere to company work schedules whatsoever. Companies are not employers per se, but clients. As such, they are not entitled to direct the contractor in work. The company is concerned only with the outcome. It's the contractor's right to decide when, where and how to get the project done.
In simple terms, the Employment At-Will Doctrine means that in absence of a contract employment is presumed to be voluntary and indefinite for both employees and employers. As an at-will employee under the doctrine, one may quit a job whenever and for whatever reason the incumbent wants, usually without consequence. Conversely, at-will employers may terminate one from services whenever and for whatever reason they want, usually without consequence. In short, either party may end the relationship without prior notice, but neither party may breach contracts. Hence, under the doctrine of employment-at-will, Mary's release was legal. We cannot say that there has been a breach of contract, for the implied contract didn't mention any fixed term of employment. ...
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