Employee Contract Paper

Case Study: Little Lamb Company needs an additional programmer for a special project. The company enters into a contract with Mary to complete this project. Just as the project is nearing completion, a new need arises for her services. She is asked to continue with the company to complete the new project. While completing the new project, the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules. After two years, economic conditions force the company to make budget cuts. Mary is asked to leave. Thirty days later, a major contract is acquired by the company, which reinstates the need for Mary’s services as a programmer. However, the supervisor chooses to hire his equally qualified cousin and not offer Mary the opportunity to return.

Write a 700- to 1,400-word paper or memo.Include the following based on the scenario:

• Explain whether Mary is an independent contractor or an employee.
• Explain the factors that led to Mary’s decision to become an independent contractor or employee.
• Explain how the employer-employee relationship changed over the course of time.
• Explain whether or not Mary’s release legal under the doctrine of employment-at-will.
• Identify which of the following exceptions to employment-at-will have been violated.
  • Breach of public policy
  • Breach of implied covenant of good faith and fair dealing
  • Breach of implied contract
• Explain how the exceptions to employment-at-will have been violated.Format your paper consistent with APA guidelines if you choose to write a paper.

Answer Preview

From the scenario, it is clear that Mary is not an independent contractor. She has become a company employee. According to Ford, et al., (2000), an independent contractor is one that after entering into a contract to do something will use their own materials and will also plan their work schedules provided they complete the work within the time frame that was agreed on. From the scenario, however, Mary is not using her materials but…

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