Gay, Unfit for Duty, Independent Contractor, Non-Competition Question One You are the owner of a cat
Gay, Unfit for Duty, Independent Contractor, Non-Competition
Question One
You are the owner of a catering business One of your sales
reps is gay He has just returned from Iowa, where he was married to his long
term partner He is well liked, generally, by all of the employees
He has also decided that he wants to leave his job and has
been sending out resumes and responses on Monstercom and other employment
search vehicles He has asked your permission as a reference You have agreed
to do such
One day, while you are out at a meeting, the receptionist
receives a call from a company that may want to hire him The receptionist,
offhandedly, says to the caller: You know he is one of those happy guys, who
recently ran off to Iowa to get married
Later on, the company’s H/R director calls you and asks
about the employee The H/R Director wants to know what she was talking about
What do you say to him?
What do you say to her?
((PLEASE USE THE LAW OF YOUR STATE TO ANSWER THIS QUESTION))
Question Two
Shelley is a Corrections Officer She is part of a union
with a collective bargaining agreement that allows for unlimited sick time She
discovers that she has diabetes She has to take off for several months to get
her diabetes under control She now wants to return to work However, her shift
supervisor advises you that she had problems doing the job prior to her leave
He believes that with her return and her illness, she will have more problems
He recommends that she be terminated as unfit for duty
How do you handle this situation?
Question Three
Compare and contrast the two different tests ((IRS/Common
Law) in determining whether or not a person is an independent contractor or an
employee Which do you think works the best and why?
Question Four
Your sister in law has worked for a company as an
administrative assistant for five years Basically, she types and answers the
phone for the two individuals for whom she works She has signed a
non-competition agreement The agreement says that she cannot work as an
administrative assistant for any company within a five hundred mile radius of
her job site and for a period of three years She has been offered a good job
with a company two hundred miles away She asks you whether or not she could
legally take the position Your response is what?
Please use the law of your state in answering this question
Question Five
Present, describe and evaluate one legal concept that you
first learned about in this class or found the most interesting from our
discussions

