69 replies, 69 unread 0 DT14: Agent or Independent Contractor An argument can be made that any employee is an agent. In other words, when you hire someone to work for you, that person is either an agent or an independent contractor and that the concept of "employee" is merely a cloudy descriptor of someone who, in reality, is either an agent or an " independent contractor. The issue is not just an academic question. Your liability will be different depending on the classification of the person hired. What is for should be the distinction between "employee" agent", and "Independent contractor"? Is there a difference between the duty of loyalty that will be owed to you depending on how someone you hire is classified? Reply DT15: At-Will Employment 64 replies, 64 unread Q: Many states, Alabama included, provide that employees are hired as "at-will" employees unless they are given a contract to the contrary or their employment is subject to a bargaining agreement that states to the contrary. In general terms, "at-will employment" means that an employer can terminate an employee for a good cause, a bad cause, or no cause, but not an illegal cause. In other words, the boss can walk in one morning and say, "A, B, and C. You three are fired. Now leave." No reason need be given. In fact, in some States, if a reason for termination is given then the terminated employee is entitled to a "for cause" hearing because being terminated for a reason has an impact on a person's name, character, or reputation; whereas simply being terminated does not. At-will employment laws put all of the power under the control of the employer. Should the law be changed? Is "at-will" employment wrong or is it still a useful management tool? Reply hon k 7. 8 Previous Next 69 replies, 69 unread 0 DT14: Agent or Independent Contractor An argument can be made that any employee is an agent. In other words, when you hire someone to work for you, that person is either an agent or an independent contractor and that the concept of "employee" is merely a cloudy descriptor of someone who, in reality, is either an agent or an " independent contractor. The issue is not just an academic question. Your liability will be different depending on the classification of the person hired. What is for should be the distinction between "employee" agent", and "Independent contractor"? Is there a difference between the duty of loyalty that will be owed to you depending on how someone you hire is classified? Reply DT15: At-Will Employment 64 replies, 64 unread Q: Many states, Alabama included, provide that employees are hired as "at-will" employees unless they are given a contract to the contrary or their employment is subject to a bargaining agreement that states to the contrary. In general terms, "at-will employment" means that an employer can terminate an employee for a good cause, a bad cause, or no cause, but not an illegal cause. In other words, the boss can walk in one morning and say, "A, B, and C. You three are fired. Now leave." No reason need be given. In fact, in some States, if a reason for termination is given then the terminated employee is entitled to a "for cause" hearing because being terminated for a reason has an impact on a person's name, character, or reputation; whereas simply being terminated does not. At-will employment laws put all of the power under the control of the employer. Should the law be changed? Is "at-will" employment wrong or is it still a useful management tool? Reply hon k 7. 8 Previous Next