Independent Contractors and Employment Law Essay

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Little Lamb Company

Regarding our recent discussion about potential legal issues which might arise regarding Mary's termination, it must be concluded that, based on the evidence, Mary is clearly an independent contractor. Independent contractors may be distinguished from standard employees based upon the following criteria:

An independent contractor is contracted on a by-project basis, versus having a permanent position at the workplace and his or her employment is largely determined upon the need for and the quality of the project, versus a regular salaried position.

An independent contractor is largely self-governed, versus being governed by a superior, and is solely and personally responsible for the quality of his or her output, versus the company or his or her superiors.

An independent contractor rarely performs work integral to the performance of the business.

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It is true that certain factors associated with contract employment are not present in this case, given that Mary worked very closely with a supervisor; used company materials; and adhered to a company schedule (Feig 2007). However, working alone off-premises and using personal material are merely characteristics frequently associated with contract employment, rather than essential characteristics of contract employment. The employee-employer relationship has not changed substantively over time, other than the fact that certain additional requirements were placed upon the contract employment Mary was performing.

The notion of 'at will employment' means that an employee may be fired for any reason, without cause, so long as the actions were not in violation of….....

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