Advisory Memo: Employment Issues

As a first-year Human Resource Specialist at “State of Estates” possessions planning stable, your boss (Will N. Trusts) presents you after a while the subjoined two scenarios:

Scenario 1

Gary, an possessions planner, performances on a reduce plea for our clients at “State of Estates”. On cause, we reduce Gary to use a biased client for a biased possessions planning job. Per our reduce after a while Gary for these biased clients, he is compensated errand on a weekly plea domiciled on the overall fee accepted by the stable. When launched for these biased clients, Gary is efficient to use our business-post measure, equipment, and any eatables expedient to perfect the job. To state consonant performance issue and regulatory docility, Gary submits his performance to a overseer, who approves it and despatch it to the client on interest of our stable. Recently, we had to lay Gary off in the intermediate of a job and he filed for unencroachment indemnification.

  • What juridical tests could be filled to state whether Gary is an fractions reduceor or employee?
  • Based on these tests, what is your misrecord as to Gary’s status: fractions reduceor or employee?
Scenario 2

Susan, a financial issues delegated-to-others in our Nebraska business-post, landed a superior Mutual Fund client exact six weeks antecedently planning to secede. In the period, and antecedently her errand was compensated, she was let go by our stable. We did not bear a reduce for encroachment after a while Susan. She is now suing us for iniquitous limit.

  • Would any crusty to Susan’s at-will encroachment employ underneathneath these circumstances?
  • Does it constitute a contrariety if Susan was filled in our Florida business-post?

Apply the concept of encroachment at-will and its sundry crusty, including contrarietys in vestibule to at-will unordered the states.

Write two 175-word memorandums domiciled on the scenarios in one muniment. The memos should be written in third-person utterance, and involve extract of references (twain in-text and at the end of the memo) in APA format.

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