1. Is Mary an independent contractor or an employee? Describe the factors that led to her determination.
At the beginning of the project Mary would be considered as an independent contractor. She was hired for a special project and entered into a contract for the completion of the project as indicated in the scenario. Just as the contract was about to end, her services were needed again. She was asked to continue with the company to complete the new project. At this point Mary would still be considered an independent contractor due to the fact she accepted another contract or extension of her current contract with the terms that her services would be completed when the project was finished. At the point in time when the supervisor started working more closely with Mary and requiring her to work company hours, and use company equipment, at this point in time Mary would be considered an employee of the company and no longer an independent contractor.
2. Has the employer-employee relationship changed over the course of time? If so, how?
The employer-employee relationship has changed over the course of the project. At the beginning of the project there was not much of an employee-employer relationship since Mary was still an independent contractor and just providing services. When the project continued and the supervisor started requiring Mary to work the company hours this changed the relationship from an independent contractor working for the company to Mary becoming an employee under the supervision of the supervisor on the project. The fact that Mary also had to start using the company equipment and complete the work at the company no longer on her terms, this also changed the relationship.
3. Is Mary’s release legal under the doctrine of employment-at- will? Explain why or why not? If not, which of the...