Employment law Assignment Example | Topics and Well Written Essays - 250 words

Employment law - Assignment Example Sam was hired as an employee and Arnie was hired as an independent contractor. They both work in the same BRC office under the same supervisor. They both work Monday through Friday during standard business hours. Both are required to report weekly staff meetings. Sam is paid a salary and proper federal and state tax withholdings are made. Arnie does not receive benefits like retirement and health insurance and he is paid by the project with no federal and state withholdings. Arnie signed a contract that clearly stated that he was an independent contractor and not an employee. Answer: the employer has acted to fill a particular position, when the individual has followed the employer’s standard procedures for submitting applications, and when the individual has indicated an interest in the particular position. 8. Under the inevitable disclosure theory, a court may prohibit an employee from working for a former employer’s competitor, if the employer can show that there is imminent threat that a trade secret will be shared and the employee has intent to disclose the secret, and the trade secret would give the former employer’s competitor a significant advantage in the market. 1. Colton Manufacturing shuts down 3 manufacturing facilities without prior notice to its 3000 employees. Colton has graciously offered to provide outsourcing assistance to its displaced employees and informed them of their rights to continue to receive health insurance coverage through COBRA for eighteen months. Colton has to further liability to its former employees. 3. An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act offering a legitimate, nondiscriminatory reason for the action taken regarding the charging party. 5. Davis Hosiery Mills has each new employee sign a form acknowledging receipt of the company’s handbook. The handbook states that employees will be terminated for good cause