Assignment 1 responses
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POD 3203: Employment Law
Group Assignment #1
Course Evaluation:
This assignment is worth 10% of your final grade. Each team member must contribute evenly.
Due Date:
One electronic copy per group needs to be submitted to the designated dropbox by 11:59 p.m.
on due date as per the schedule
. Late assignments will be deducted a 10% per day penalty
Format:
1
. Be sure to separate and label each part of your response.
2. Your assignment must be double spaced and typed using a legible 12 point font.
4. Write the title of the assignment and each team members name and student number on the
title page of your assignment. If a team member does not contribute, do not record their name
on the submission.
5. Use your own words and make sure to properly reference (using APA) the textbook and any
other sources used in your answers. Be aware that your assignment will be submitted to
Turnitin. Plagiarism will result in a grade of zero.
Length:
Your response should be approximately 2-3 pages in length. This does not include the title page
or references page.
Case Scenario:
Chloe was hired to provide customer service training to the employees at CAB Inc. Chloe
signed a contract stating that she was an independent contractor acting as a consultant. There
was no fixed term or end date stated on her contract. The contract states that she is not
permitted to work for another business while working as a contractor for CAB Inc.
Chloe was provided an office and computer at CAB Inc. and she was told she should work from
this office during normal business hours of 8:30-5:30. Chloe was paid $30 per hour for her
services, but she was not compensated for travel time which was sometimes required from one
site to the next.
Chloe was provided two weeks of vacation and health care benefits.
Chloe was not required to attend corporate meetings or undergo the semi-annual performance
review.
Questions:
a)
Mon: What arguments could Chloe make to support her position that she was an
employee?
When analyzing the case of Chole, it is initially identified that she signs a contract as an
independent consultant, without establishing start or end times. One of the factors that
Chole can use is that the employer states in his contract that she is not allowed to work
in other companies, while she is working for CAB INC. [ CITATION BDCnd \l 4105 ]
This is a weighty factor since it is established that an independent person has the right
to work for different companies or clients the opposite case is established for a worker
who can only work for said company. [ CITATION BDCnd \l 4105 ]
Another factor that Chole counts in favor of is that the company CAB INC provided her
with an office and a computer. Therefore, within what is established, it stands out that a
worker is usually given the necessary elements to fulfill his functions, unlike an
independent person who must have and ensure the necessary tools to fulfill his
functions. [ CITATION BDCnd \l 4105 ]
It is evident that within the contract a start and end time of contract is not established,
however, Chole was told that she must work during office hours from 8:30 a.m. to 5:30
a.m., highlighting a working day to complete an 8-hour period as required a worker and
not an independent person who has the freedom of time and does not have control over
when to do the work and must only comply with the delivery deadlines. [ CITATION
BDCnd \l 4105 ]
In addition to the foregoing, a payment of $ 30 an hour for its services was offered but at
the time it is affirmed or denied that the price was established by it, I consider all
aspects of transfer as independent. [ CITATION BDCnd \l 4105 ]
Finally, another compelling argument that Chole can use to argue her relationship with
the company as an employee is that she was granted two weeks of vacation and health
care benefits, since it is stated that an employee has the right to benefits and
compensation, according with The[ CITATION Emp23 \l 4105 ], unlike an independent
person which does not oblige companies to provide benefits as an employee does.
[ CITATION BDCnd \l 4105 ]
b)
Kr: What arguments could CAB make to support their position that Chloe was an
independent contractor?
Contract:
Among the arguments that the company has in its favor is a contract signed
by Chole where it is clearly established that she is hired as an independent contractor
performing the role of a consultant for the company. She will have the freedom to work
towards her tasks independently without any supervision.
Duration of employment:
It is also stated that her contract has no start or end
limitation which means her services can be terminated at any stage of the contract. If
she were an employee, she would have been entitled to receive a notice or termination
pay beforehand in such a situation.[ CITATION ont23 \l 4105 ]
Flexibility to work:
Chloe was informed that she is not required to attend corporate
meetings or semester evaluations that shows that she is not involved in the company in
any other way except the tasks that would be specifically assigned to her. [ CITATION
Jef20 \l 4105 ]
Compensations:
It is also stated that she will not be rewarded by the necessary
transfers to the different locations or sites, since within the conditions as independent,
the contracted must assume these expenses opposed to employees who get
compensated by the company for such costs.[ CITATION BDCnd \l 4105 ]
c)
Fr & Ang: What do the five tests to establish an employee-employer relationship
tell you?
Be sure to specifically refer to each of the 5 tests on Page 30 to answer this
question.
1.
Control test:
It is known that the worker is assigned a schedule
highlighting a
working day to complete an 8-hour period as required by a worker and not an
independent person who has the freedom of time and does not have control over
when to do the work and must only comply with the delivery deadlines;
also and
a space within the company, however, the case does not specify the functions or
if she must report her t her progress, so it cannot be determined if she is
autonomous in the performance of her functions.
2.
Risk test:
Chloe does not expect to have profits beyond the payments agreed in
the contract. Due to the nature of her service, being a consultant for personnel
training, she does not take the risk of assuming financial commitments after the
end of her contract.
3.
Organization or integration test.
Consulting work for training in customer service
is not a fundamental part of the business, even when it is necessary it may be
occasional and not constant.
4.
Durability and exclusivity of relationship test:
According to the contract there is
exclusivity, and she is not allowed to get another contract while working for the
current company CAB Inc, for that reason Chloe could be considered an
employee, even when the contract durability is not clear.
5.
Tools test
: Chloe was provided with tools to carry out her administrative work, an
office equipped with furniture, and a laptop owned by the company
In conclusion, there are some aspects that show an employee-employer relationship on
the part of the company with Chloe and not an independent contractor
d)
Yas: Which side do you think would be successful? Why?
According to the following factors, we consider that arguments and the evidence allow
us to demonstrate that Chloe has a status as an employee and the existence of an
employee-employer relationship:
Relationship exclusivity
: CAB Inn prohibits Chloe from working with any other
customers, so establishing a whole degree of exclusivity.
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Control
: The organization established a working schedule for Chloe that allowed her to
work in their offices from 8:30 am to 5:30 pm.
Contract execution period
: Contract did not define explicitly a specific duration or end
date assuming an indefinite term.
Social benefits
: The organization provided her with vacation pay and health care
benefits.
Tools
: For the purpose of carrying out her duties, the organization provided her with an
office and a computer.
For these reasons and in accordance with the established legal framework, the
relationship between Chloe's with CAB Inn is based on employee-employer relations
rather than that of an independent contractor.
When evaluating the aspects established in Chloe's case, weighty arguments are
identified that guarantee under the legal framework that Chloe must be considered as
an employee and not as an independent consultant.
She has a long-term contract, no termination of his functions is established, she is not
allowed to work with other clients or companies, she was given an office and a
computer to carry out his functions, she was informed that she must comply with office
hours of 8 hours, a payment by the company is affirmed but at no time is it stated that
she establishes the price of her services and finally she was granted a benefit as an
employee of two weeks of vacation and health care benefits, for these reasons and
according to what is established in the legal framework, Chloe must be considered as
an employee and not as an independent
References
BDC. (n.d).
Employees or independent contractors—what’s the difference?
Retrieved
from bdc.ca: https://www.bdc.ca/en/articles-tools/employees/recruit/are-your-
workers-employees-or-independent-contractors#:~:text=Employees%20have
%20to%20personally%20do,which%20they%20have%20been%20hired.
Dutton, J. (2020, June 12).
Independent Contractor (Ontario Laws).
Retrieved from
Duttonlaw. The law of independent contractors in Ontario.:
https://duttonlaw.ca/independent-contractor/#:~:text=Independent%20Contractor
%20Definition,independent%20contractor%2C%20not%20an%20employee.
Employment Standards Act, 2000. (2023, January 1).
ontario.ca.
Retrieved from Part VI.
Records, vacation time and pay: https://www.ontario.ca/laws/statute/00e41
ontario.ca. (2023, January 20).
Employee status.
Retrieved from How to tell who is an
independent contractor: https://www.ontario.ca/document/your-guide-
employment-standards-act-0/employee-status