Employer †Employee Relationship Essay Example for Free

Employer – Employee Relationship Essay 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, initially an independent contractor as she had a high degree of control over how the work is accomplished, and enters into a contract with the company 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. Mary seems to be moving toward an at-will employee position, because she appears to have less control over how the work is accomplished as she will probably have to answer to the supervisor, and using the companies materials and equipment and adhering to the company work schedules. After two years suggests at-will employee because of the length of time being 2 years, economic conditions force the company to make budget cuts. Mary is asked to leave as an employee, as she is obviously no longer working as an independent contractor, when asked to leave the company. Thirty days later, a major contract is acquired by the company, which reinstates the need for Marys services as a programmer. However, the supervisor chooses to hire his equally-qualified cousin and not offer Mary the opportunity to return. The use of word hire implied that Mary had been an employee and not an independent contractor. Is Mary an independent contractor or an employee? Describe the factors that led to your determination. There are several criteria to determine if Mary is a contractor or an employee. For example, one critical aspect to distinguish an independent contractor from an employee is the degree of control over how the work is accomplished. Initially Mary seemed to have more control than she did at the end, so it seems that she moved from being a independent contractor at the beginning to an employee over time. However, there are many factors to consider in making a determination as to whether a worker is an independent contractor or an employee. Some of these criteria include:†¢Whether a distinct occupation or business is  being performed; e.g. programmer, so initially Mary was contracted as an independent contractor for a specific project. †¢The amount of supervision over the means by which the work is performed; e.g. the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules implies a move away from independent contractor towards an at will employee. †¢The degree of skill required to perform the work; e.g., programmer equally-qualified cousin†¢Who provides the tools used to perform the work, and, e.g., requires her to use company materials and equipment while adhering to company work schedules and therefore moving towards being an at-will employee†¢The place where the work is done; e.g. Mary is working in the office, the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules suggesting an at-will employee position. Has the employer/employee relationship changed over the course of time? If so, how?As mentioned above, it did seem to change over time. It seems that initially, Mary could be considered an independent contractor because Little Lamb Company needs an additional programmer for a special project and Mary entered into a contract with the company. However, Mary was later asked to stay on and began working close to the supervisor, who expected Mary to used the company materials and equipment, to follow the company work schedule, and was terminated at will when economic conditions demanded. Thus, Mary seemed to move from an independent contractor to an at-will employee. 3) Was Marys release legal under the doctrine of employment-at-will? Why or why not?This is murky water and it depends. If Mary had moved into an at will employee, then the doctrine of employment-at-will allows her employee to let her go without reason (however, they initially had a contract, which we look at in the next part of this question below). In the scenario, it says Mary enters into a contract for the first project, however, makes no  mention of a contract when she is asked to stay on (however, sometimes contracts are implied). For example, in most states of the United States all employees are considered at will employees. That means that the employer can terminate or change the employment relationship at will, unless there is a contract with the employer. In general, an employer can fire an at will employee, or change the employees position or compensation with no notice and no reason. Likewise, the employee can terminate his employment at will without notice or reason. However, there are three possible legitimated reasons employee can challenge a wrongful termination:If not, which of the following exceptions to employment-at-will have been violated? Why?a) Breach of public policy (Perhaps) Values, principles and basic rules that the courts and legislatures consider to be in the best interest of individuals and the general public. Employer violations of specific labor and employment laws might be called violations of public policy, instead of or in addition to violations of the specific laws. That is because it is in the best interest of all workers that all employers obey such laws. Public policy may be written or implied, and varies among states and municipalities. Consequently, whether or not an employer has violated public policy is often a matter of interpretation by a court or arbitrator (i.e., hired cousin instead of having Mary return). b) Breach of implied covenant of good faith and fair dealing. Probably not, because it is dealing with contracts and the question is dealing with at-will exceptions. c) Breach of implied contract (this is a possibility). Why? For example, in a contract between the employer and the employee, even in the absence of a formal written employment agreement. For example, language in an employee handbook may promise all layoffs are based on seniority or we give employees at least 2 weeks notice of all layoffs. Therefore, if Mary thins she is wrongfully terminated, as an employee; she can challenge a wrongful termination for these legitimate reasons

Wrestling - The Greatest Sport :: essays research papers

Wrestling - The Greatest Sport My heart beats faster as I approach my opponent. My enemy stands as a colossus although I know in my mind he is my only equal. The crowd grows louder as we step on our lines, and the only thought echoing through my mind is "shoot for the leg!". These are the happenings before every match, and yet I still return. Wrestling, in my mind is one of the greatest sports. The idea of a battle between two equal men, both striving for the same goal is something I live for. Different people wrestle for different reasons, but what I wrestle for is the exhilaration, and the principals behind the sport of which I take so seriously. Wrestling, fortunately; is not just two sweaty men rolling on the mat. It is rather, a fight. A fight in which each combatant must push their-self to the final limits of total exertion. This great fight, although very tiring, gives you the greatest feeling after you defeat your opponent. For this feeling, and this feeling only is why I wrestle. This hard to explain feeling is like a rush of adrenaline that makes you want to kick the crap out of Mike Tyson. It is one of the greatest natural rushes one could possibly imagine, short of sticking a needle in ones own arm. The ideas behind wrestling are more then the thick headed thoughts of- "Throw em to the ground and put all your weight on em!"- but rather, use each move with precision, not force. When a move is executed, there are at least ten counter moves for it. Therefore; one must wrestle with his mind - backing each attack with the plan for another one. This form of two or even three-way thinking, is crucial to the success of a struggling player. To be a good wrestler, one must also be able to change from offense to defense in a matter of milliseconds. Countless times before, I have seen players who would stay offensive all the way until they were pinned. A simple arm motion could change the fate of the match, and one must be prepared for that

Forced Community Service Persuassive Essay

Benchmark Essay Courtney Ceurvels Purple 6/12/12 Students shouldn’t be required to perform seventy five hours of community service. This is because the work wouldn’t be done well if the students were forced. Also time would be taken away from clubs, sports, social life and school work. Then again it will make the town look better. If students were forced to do volunteer work to complete schooling then it would most likely not be done well.Being forced the students won’t get the same lesson and/or experience from it. Never mind the work wouldn’t be done as well because they don’t want to do it. Then if they don’t want to do it, the work won’t be done to the best of their ability. Also forcing 75 hours of volunteer work would take time away from school work, sports, clubs and social life. Most kids have sports practice or club meeting after school hours & then have t complete school work after that.With a schedule already that packed the n adding more responsibility to a student’s life could effect their sleeping habits and cause stress. Volunteer work could also lower grades and the sport skills of students if they miss practice or studying time over community service work. Some people might say that it would make the town a better place to make the students more involved. Also some might complain that it would keep kids out of trouble, when really all you’re doing if giving them another way to get in trouble.Since kids are forced to do the work and some are already extremely busy then they won’t complete their hours and then that would effect them receiving a diploma. This is why students shouldn’t be required to perform 75 hours of community service for schooling. The students are already too busy with their school work, clubs, sports and social life. They would have a bad work ethic since they were being forced, also it wouldn’t have the same meaning/lesson. The only pro is tha t it would help the town but in this situation, the cons greatly outweigh the pros.

The Notable Vampire is John William Polidori´s Vampire

One of the most notable nineteenth century literary vampires is John William Polidori‘s vampire. Lord Ruthven– the man of mysterious past and one of the most charismatic and interesting nineteenth century vampires- is a Gothic villain that has been used by his creator (Polidori) as a social metaphor. How is that? It is worthy of note, as Christopher Frayling claims, that John William Polidori was the foremost nineteenth century authors whose penchant to blend together components of vampirism into a coherent literary genre was an immediate success in his ever prominent story The Vampyre. Here are some testimonial lines taken from Christopher Frayling’s book Vampyres: Lord Byron to Count Dracula. In this book, Frayling writes:† Polidori transformed the vampire from a character in folklore into the form that is recognized today- an aristocratic fiend who preys among high society† (Frayling ) In this respect, Senf also writes:†Polidori’s work anticipates some of the ways that other writers will use the vampire as a social metaphor in realistic fiction† (Senf: 39). On the basis of the evidence currently available, it seems fair to suggest that Polidori’ s The Vampyre is not just a story of a monstrous figure of the vampire from folklore tradition waiting to be destroyed by a wooden stake through the heart, it is rather that kind of nineteenth century vampire whose literary presence is highly loaded with metaphorical connotations. For instance, Lord Ruthven’s presence in the