Cora and Caley, CARDWARE’s co-office managers have determined that CARDWARE Inc. is growing so rapidly that they need to hire a part-time advertising manager to market CARDWARE’s latest business, “Designer Car Seat Covers.” Camille has recommended Nicole Marriott to fill the position. Nicole has freelanced with several big agencies and brings with her a wealth of knowledge, integrated advertising software, and a host of media contacts to further the interests of CARDWARE. CARDWARE provides Nicole with an office and use of its telephones and equipment, such as copy machine, fax machine, and computer, although Nicole may use her own computer if she wishes. While visiting with Z-1, a leading car manufacturer, in an attempt to secure its business, Nicole recognized a former colleague Raquel Dean whom she knew to be sly with business tactics in stealing ideas. Raquel walked by Nicole and accidentally bumped into her causing Nicole to drop a pile of papers with diagrams and profit graphs from Designer Car Seat Covers. Nicole, thinking that Raquel was trying to take her ideas, doubled up her fist and punched Raquel in the face knocking out her two front teeth and bruising her left eye. Raquel filed suit against CARDWARE based on battery. Determine the following: Whether or not Nicole is an independent contractor. Discuss whether or not CARDWARE Inc. would be liable for Nicole’s torts/criminal acts if she is considered to be an independent contractor. Be sure to note the difference in outcome if she is determined to be an employee.
……………………………………………………………………………………………………
ASSIGNMENT COMPLETED AT https://capitalessaywriting.com
MAKE YOUR ORDER AND GET THE COMPLETED ORDER
CARDWARE Case Analysis
(Course Instructor)
(University Affiliation)
(Student’s Name)
(Date)
CARDWARE Case Analysis
The owners of an enterprise often work with two types of people; independent contractors and employees, with the hope that their businesses may thrive. However, sometimes an independent contractor or firm employee may be sued in the course of his/her duties, forcing the courts to examine their position to determine whether they are independent contractors or employees. According to (Haupt, 2006) an independent contractor is somebody hired to do a certain job while using his or her own judgment to decide how they job can be completed. However, an employee is hired to perform whenever tasks the employer wants and is given instructions how to perform such tasks. In view of these definitions from the common law, Nicole is an independent contractor. It is clear that CARDWARE does not have control over Nicole’s work schedule. Though she was given office space and equipment, she decides on what to do and does so without clear instructions from her employer. Since Nicole is an independent contractor, CARDWARE is not liable for her criminal acts. First, Nicole punched Raquel in a different location other than CARDWARE’s premises, which exonerates the company from any liability. Secondly, given that the company does not control Nicole’s actions owing to freedom she was given even to use her own computer and to determine her work schedule, she is an independent contractor and CARDWARE is not liable for her actions. However, in the event the court finds Nicole as an employee of CARDWARE, then the company is liable for her actions since the court can argue…………………………………………………………………………………………………………………………………………………………………………………………………..CLICK HERE TO ORDER THIS PAPER………………………NO PLAGIARISMGet 100% Original papers from the writing experts
