Question

Due: Be sure to have your Part 1 (one original post or one reply) submitted by April 2 nd Sally finds out that Marie has been diluting the Mary Kae products in order to sell more of the product, and this is what's causing the rashes on Sally's face. Knowing this, Sally tries to make a claim against Mary Kae but the executives at Mary Kae argued that they are not responsible for the actions of Marie. Mary Kae's lawyer insists Marie is not an employee, but actually a contractor. Mary Kae only supplies the product to their salesperson for a discounted price, and it's completely up to the salesperson on how to sell the product and therefore Mary Kae should not be liable for the actions of Marie. Q: Using the employee vs. independent contractor test, do you agree with Mary Kae's lawyer? Why or why not?

Answer 1

The question asks whether Mary Kae's argument that Marie is an independent contractor is valid under the employee vs. independent contractor test. The answer explains that the control test is one factor considered, but other factors are also important. It advises Sally to consult with an employment lawyer to determine the legal classification of Marie.

Step-by-step explanation:

When determining whether someone is an employee or an independent contractor, courts consider multiple factors. One common test used is the control test, which examines the level of control a company has over an individual's work. If Mary Kae can demonstrate that they do not have control over Marie's work, it could support their argument that Marie is an independent contractor.

However, the control test is not the only factor considered. Other factors include whether the work is part of the company's regular business, the skill required for the job, and the duration of the employment relationship. If Mary Kae exerts enough control over Marie's work and can demonstrate that she is part of their regular business, it could weaken their argument that Marie is an independent contractor.

In this case, it would be important for Sally to consult with a lawyer who specializes in employment law to determine if Marie would be considered an employee or an independent contractor. Based on the specific details of their relationship, a legal professional would be able to provide an informed opinion on whether Mary Kae can be held liable for Marie's actions.