Employer-Employee Relationship Paper
The United States government has guidelines that dictate how companies interact with its employees to make sure all parties are equally covered in regards to employment rights. When Mary is let go from her job as a programmer from the Little Lamb Company and then subsequently not rehired when a job opening becomes available some questions arise. In this paper the questions of Mary’s status as an independent contractor or an employee, the employer/employee relationship changes over the course of time, and the release legal under the doctrine of employment-at-will will be addressed and answered.
INDEPENDENT CONTRACTOR/EMPLOYEE
The status of Mary being an independent contractor versus employee can always be a tricky point due to the nature of the type of work that is being done. According to the Employer’s Supplemental Tax Guide provided by the IRS, “An employer must generally withhold federal income taxes, withhold and pay social security and Medicare taxes, and pay unemployment tax on wages paid to an employee. An employer does not generally have to with- hold or pay any taxes on payments to independent contractors (Department of the Treasury, 2008).” The textbook Employment Law for Business states independent contractors as, “A person who contracts with a principal to perform a task according to her or his own methods, and who is not under the principal’s control regarding the physical details of the work (Bennett-Alexander and Hartman, 2007).” While both of these definitions sound all well and good it can be very hard to determine if in fact a person on in this case Mary is an employee thusly the IRS came up with a series of questions that separates the two. The IRS 20 factor test is uses the term control be it, “behavioral control, financial control, and the type of relationship of the parties” to determine the work status (Department of the Treasury, 2008). One of the key elements of the test is the use of contracts for certain work to be accomplished. Mary is a prime example of this because as a programmer she is hired under contract to complete a project. At the beginning of Mary’s employment it is a standard clear cut case of independent contractor employment. When the new project is introduced to the equation the issue really starts to become interesting.
CHANGE IN EMPLOYER RELATIONSHIP
When the project is nearing completion, a new need arises for Mary’s services to continue with the company to complete the new project.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.
The Australian Human Rights Commission (2011:p1) states that “Gender equality is a principal that lies at the heart of a fair and productive society”. If gender equality is the heart of a fair and productive society than the laws and regulations in place must be the key in maintaining a fair and productive society. If regulations and laws are not frequently discussed, debated and reviewed than issues such as sex discrimination in particular can be sufficiently dealt with or ignored. The Carter v Linuki Pty t/as Aussie & Anor [2005] NSWADTAP 40 (22 August 2005) will be used to demonstrate the regulations surrounding sexual discrimination. In this paper a thoroughly investigation into the recent changes in laws and regulations encompassing sexual discrimination will be conducted in relation to the case provided. By using the elements of the case the Sex Discrimination Act 1984 (Cth) (SDA) will be applied to the facts presented in order to explain the regulation surrounding this issue. Since the case involves a work related situation where the employee was discriminated on the basis of gender the SDA will be used. A Brief description on the impact of exclusion will be provided to demonstrate the causal link between exclusion and gender discrimination. Firstly, the case’s elements will now be analysed.
Our personal lives have so many aspects that can affect one’s employment. Companies are starting to recognized that some added benefits may help in retaining some of their best employees when their personal life is affect by situations out of their control as is the case for Bobbi Ann. There are three quality of work options that would be most beneficial for her situation such as company provided child care, flextime work schedules, and flexplace.
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also change the terms of employment without notice and no penalties. Throughout this paper, the two sides to employment at will will be discussed, and different examples of employment at will cases will be given. At its most basic, employment at will is not the best path because it can create feelings of violation and betrayal in the employee and can create a negative public opinion or loss of profit for the business.
During recent years, the principle and practice of employment at will has been under attack. Employment-at-will has been a fixture in the United States employment law since the Industrial Revolution in the late 1800’s. In the simplest and earlier state, employment at will meant that an employee who worked for an indefinite period of time worked at the will of the employer. Absent a contractual provision to the contrary, either party could terminate the employment for any reason. At least 55% of all employees and managers in the private sector of the workforce in the United States today are “at-will” employees (Radin & Werhane, 2003). On the surface, employment at will appeared to be a neutral doctrine fiving both the employer and the employee a way out of an undesirable employment relationship. However, the doctrine in practice worked to the benefit of...
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.
The use of contingent workers is on the rise. The U.S. Bureau of Labor Statistics defines contingent workers as anyone who "does not have an explicit or implicit contract for long-term employment" (Phillips & Gully, 2011 pg 51). This definition includes independent contractors, freelancers, consultants, and temporary workers who may or not work for an agency. In the past 50 years, temporary workers have been crucial to many businesses, and their role in business is growing. Companies must recognize potential problems and concerns brought about by employing temporary workers, and adjust their approach to staffing.
[12] CURRAN, Simon, ‘When is a duck not a duck? The employee/independent contractor dichotomy’, Bulletin (Law Society of S.A) 26 (9) October 200etin (Law Society of S.A) 26 (9) October 2004: 23-26
Different cultures place varying values on loyalty to the employer. In some countries, most notably in Asia, there is a high degree of loyalty to one company. However, in most European countries and the United States, loyalty at ones employer is not highly values; instead it is considered more rational and reasonable for an employee to change jobs whenever it is warranted to achieve the optimal overall career. Both of these positions have advantages and disadvantages.
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
The relationship between employer and employees plays a pivotal role in the performance of the organization. Employers and employees have certain responsibilities towards each other which facilitate a fair and productive workplace. Positive work relationships create a cooperative climate with effort towards the same goals. Conflict, on the other hand, is likely to divert attention away from organizational performance.
The role of the government on industrial relations is very important as it sets the legal framework that industrial relations operates in. Appropriate industrial relations legislation should recognize the requirements of both employers and employee’s. Both the employee and the employer want to profit from each other but are also reliant on each other. This means that the equal bargaining power of employers and workers must be recognized (Peetz, David. 2006). Appropriate industrial relations laws should address any imbalance of power and give both groups an equal degree of control. Appropriate industrial relations should not only allow a mixture of both collective and individual bargaining but also facilitate employee participation in day to day workplace decisions. After all it’s the structure and framework of the employment relationship, which is governed by legislation that leads to good Industrial Relations.
It is important to know what an employer and employee are according to legislation as both have several rights. An employee is ‘. . . an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.’ An employer is "... in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed". This is crucial to whether or not an employer can stop an employee from working with others or themselves after and during employment as, without a contract the employee can leave their current job and work fo...