Posted: May 23rd, 2022

Please prepare a fact pattern that whether or not a particular worker is an employee vs. independent contractor(primarily relying on the issue of control and relevant factors to explore employer control) as explored in the text and videos I prepared under Agency & Employment Law.

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Please prepare a fact pattern that whether or not a particular worker is an employee vs. independent contractor(primarily relying on the issue of control and relevant factors to explore employer control) as explored in the text and videos I prepared under Agency & Employment Law. It doesn’t matter to me if you determine an individual to be an employee or independent contract, but rather that you can create a fact scenario that invokes the issue, and that you can apply the law to reach a logical conclusion. Your answer needs to be well supported.
NOTE – if you notice for this assignment I explain the test that you need to use, which is the control test. You’ll have to do some work going through the materials (my video on the subject or the textbook) to find what you need to explain the distinction between ICs and Employees and define the control test. However, the factors I want you to use for the control test to weigh if someone is an employee or IC are:
How much control can the employer exercise over the details of the work?
Is the worker engaged in an occupation or business distinct from that of the employer?
Is the work usually done under the employer’s direction or by a specialist without supervision?
Does the employer supply the tools at the place of work?
For how long is the person employed?
What is the method of payment—by time period or at the completion of the job?
What degree of skill is required of the worker?
You should prepare both a hypothetical scenario AND sample answer. Again, your fact pattern should give sufficient facts to implicate the legal issue that you will address in your sample answer. Your ample answer should be a full and thorough answer.
Your Sample Answer must be in IRAC format:
I – Issue(s) (presented by the fact pattern)
R – Legal rule that you will apply to the issue
A – Analysis of the facts presented to the legal rule
C – Conclusion answering the question presented in the Issue
Your fact pattern should be at least a paragraph (and preferably no more than three). Your full assignment (fact pattern + sample answer) should be about a page. You do not need to double-space (and I prefer you do not), however, clearly label your Fact Pattern and Sample Answer. In addition, include the proper header information such as your name, the course, date, etc…
Here is a link to a video I put together on how to prepare a sample fact pattern:

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