I Have added part one please make the correction that the teacher recomends as well as add the two new questions just work off the added paper. Scenario Madrid and Berne is a top-rated accounting firm

CONTRACTS PAPER 8

Contracts Paper

Ira Hoekwater

Grand Canyon University BUS340

May 22, 2020

[Good work on the formatting of this cover sheet! I would, however, consider a different title for the paper since the paper is really about distinguishing between independent contractors and employees.]

[Include the title of the paper here as well.]

[Ira, prior to getting into a discussion below, there should be a clear introduction here that provides an overview of the paper’s topic. This introduction should also include a purpose statement, as required by APA format. A sample purpose statement for this paper could be, “This paper will discuss the importance of distinguishing between an independent contractor and an employee, examine the factors courts consider when determining between these two statuses, and apply these factors to a hypothetical scenario.” Note how this purpose statement lets the reader know what three questions are going to be addressed in this paper.]

Importance of Distinguishing Between Independent Contractors and Employees

A worker is the person who is relegated on a consistent compensation or pay, and their expenses are overseen by the business they work for. Representatives are given a little opportunity over their money related and work life. The business sets their work routine and in ordinary conditions, they are required to work from the workplace premises. Their work is likewise basic as far as the authoritative viewpoint. The employees are in full control of their employer and conform to the standards and the requirements of the employers (Blum, 2007). 

On the opposite side, a self-employed entity is autonomous of the authoritative regular principles and guidelines. The installment they get exclusively relies upon the activity or venture they are allotted for and as a rule is on an hourly premise. They have their timetable and are not attached to the fixed office timings. Contacts come about by independence of working where one enters and agreement to perform to administered tasks. After the end of the task, the contract comes to another thus far different from the employees who are totally under the control of someone.

[This section really belongs in your next section. This section needs to explain why it is important to distinguish between employees and independent contractors. The most important reasons include liability, employment law, and taxes. For example, with liability, companies are liable for the torts of their employees acting within the scope of their employment, but not their independent contractors, unless they were negligent in hiring or supervising them. These issues are discussed in Chapter 17 of the textbook. You will find the answers for this section in Chapter 17.]

Factors Used to Determine Classification

[This section needs to discuss the factors that courts use to determine whether an agent is an independent contractor or an employee. I noted in my assignment guidance post the following: “Please note that while the assignment assumes that you are relying on your own research to provide (and apply) the factors courts use to determine whether Joan was an independent contractor or any employee, Chapter 17 of the course textbook, and in particular, pp. 324-327, does an excellent job of discussing these factors.” The textbook excerpt below from pp. 324 provides these factors, and it’s okay to quote these factors directly:

These factors above are what need to be discussed in this section.]

Application of the Factors to Joan’s Situation

[I moved this section down from above.] [The work they do is supportive in nature and not related to the core of the business. In the current case, based on roles and responsibility, payment and the job assigned to the Joan, should be treated as of the independent contractor, ignoring the fact that she is working from the office premises because it is her comfort from where she wanted to work. However, the job Joan is doing can be considered critical for the organization but it's the contractual agreement, which explains what job she needed to perform and she will be paid based on commission company will receive from the clients and that gives and elaboration to the classification that Joan is engaged in (Davies, 2016).]

As per the given case, Joan is hired as an independent contractor; she is paid weekly and working on the commission basis. She is liable for her own taxes; however, she chooses to work from the premises, which are also considered as her independent choice; that situation does not make the company liable to consider her as the employee. Availability in the office premises also increases her availability to the client. According to our classification, Joan is an independent contractor and not the employee (Stim, 2016).  Therefore, her being the sole determinant of her operations to meet the needs of her clients without direct contact with any party makes her not be an employee in that case thus strongly we can say that Joan’s designation is that of an independent contractor. [This is a good start! This section, however, needs to consider all of the facts presented in the assignment and weigh them against the aforementioned factors to determine (1) what factors weigh in favor of Joan being classified as an independent contractor and (2) what factors weigh in favor of Joan being classified as an employee. For example, how do we weigh the facts that Joan signed a contract that said she was an independent contractor, she only worked on projects for Madrid and Berne, and Madrid and Berne reviewed her work and sent it back for corrections?]

Summary: Ira, this is a good start! Please see above, however, for detailed comments reflecting areas for improvement. These comments should be integrated into your Week 7 paper. If you have any questions, please let me know!

References

Blum, B. A. (2007). Contracts: Examples & explanations. Austin: Wolters Kluwer Law & Business.

Davies, P. S. (2016). JC Smith's law of contract. Oxford: University Press.

Stim, R. (2016). Contracts, [2016]: The essential business desk reference. Berkeley, California: Nolo