Management and Organizational Studies 2275A/B Lecture Notes - Independent Contractor, Wrongful Dismissal, Employment Contract

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Cristin Keller

Document Summary

And if we have that, what might be the potential remedies: compare employee with agent and independent contractor. If not an employee, may be an independent agent or independent contractor. Independent contractor still a contractual relationship is present: control test- degree of control exercised over an employee is greater than over an independent contractor. Hours of work, boss, etc. more control exercised over employees: organization test is person an essential part of employer"s organization. The more key player a person is to the organization, the more likely it is an employee. Although an employer may have wanted someone to be an independent contractor, using these two tests, the court might conclude it is an employee instead. Law of master and servant: obligations of employee. Fiduciary obligations highest duty you can owe someone (senior level employee, agent (not every employee is an agent, but an agent might be an employee)