M
Melissa
Guest
circumstances... (Law Class Q)? Jessica obtained her CMA accounting designation and set out to find work. In her job search, she came across an advertisement from a local trucking company, “Haul it All Ltd.,” seeking to hire an accountant. After attending a job interview, Jessica was told that “Haul it All” did not want to hire her as an employee, but as a contractor, for a fixed term of three years. She would, however, be given a desk and computer to use and would be expected to be in the office during regular business hours to do her work and answer accounting questions. Under the terms of their agreement, Jessica is paid a flat fee of $900 per week without payment for overtime work. Jessica finds she frequently has to work over 60 hours per week to get her work done.
Jessica worked under these circumstances for two years. When she approached the owner to ask for time off for a vacation, he told her that she had no right to holiday time because she was not an employee. Jessica also asked for a reduction in her workload, but the owner told her that she agreed to do the accounting work for the flat fee offered and must, therefore, work the necessary hours, even if they seem excessive.
Discuss the law as it applies to Jessica’s situation as well as any rights she might have in these circumstances.
Jessica worked under these circumstances for two years. When she approached the owner to ask for time off for a vacation, he told her that she had no right to holiday time because she was not an employee. Jessica also asked for a reduction in her workload, but the owner told her that she agreed to do the accounting work for the flat fee offered and must, therefore, work the necessary hours, even if they seem excessive.
Discuss the law as it applies to Jessica’s situation as well as any rights she might have in these circumstances.