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Little Lamb Company needs an additional programmer for a special project. The<br />

company enters into a contract with Mary to complete this project. Just as the<br />

project is nearing completion, a new need arises for her services. She is asked to<br />

continue with the company to complete the new project. While completing the new<br />

project, the supervisor begins working more closely with Mary and requires her to<br />

use company materials and equipment while adhering to company work schedules.<br />

After two years, economic conditions force the company to make budget cuts.<br />

Mary is asked to leave. Thirty days later, a major contract is acquired by the<br />

company, which reinstates the need for Mary’s services as a programmer.<br />

However, the supervisor chooses to hire his equally qualified cousin and not offer<br />

Mary the opportunity to return.<br />

Resource: Little Lamb Scenario<br />

Answer the following questions based on the scenario:<br />

Is Mary an independent contractor or an employee? Describe the factors that led to<br />

her determination.<br />

Has the employer-employee relationship changed over the course of time? If so,<br />

how?<br />

Is Mary’s release legal under the doctrine of employment-at-will? Explain why or<br />

why not? If not, which of the following<br />

exceptions to employment-at-will have been violated? Explain why.<br />

Breach of public policy<br />

Breach of implied covenant of good faith and fair dealing<br />

Breach of implied contract<br />

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