Unit 8 Discussion Topic: Employment Relations Throughout this course, many discussion opportunities come up where you need to respond to other people's opinions and comments. Then, respond to your Discussion topic after you have completed your Read

Unit 8 Discussion Topic: Employment Relations

Throughout this course, many discussion opportunities come up where you need

to respond to other people's opinions and comments. Then, respond to your

Discussion topic after you have completed your Reading.

Agency Relationships — Liability of Principals and Independent Contractors

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:

1. Whether or not Nicole is an independent contractor.

2. 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.