Question
ABC Parcel Delivery (ABC) hires Arnez to deliver packages to their customers.Arnez uses his own car, sets his own schedule, and logs his hours.Arnez is
ABC Parcel Delivery (ABC) hires Arnez to deliver packages to their customers.Arnez uses his own car, sets his own schedule, and logs his hours.Arnez is paid bi-weekly, is subject to a 90-day probationary period, as well as random supervisory visits by ABC.One day when Arnez is submitting his hourly logs, he meets Kim, the new office manager.Arnez finds Kim extremely attractive and starts sending her sexually suggestive emails constantly.Also, whenever Arnez is in the office he tries to kiss and touch Kim in a sexual way.Kim quits her job because of Arnez's sexual advancesand sues ABC Parcel Delivery.
One day, Arnez finishes his morning deliveries early at 10:00 a.m. and his next delivery isn't until 2:00 p.m.In the meantime, Arnez decides to visit a former college roommate in a neighboring town about 35 miles away.Arnez is enjoying his visit with his former college roommate and at around 1:00pm hedecides to leave so that he will not be late for his next parcel delivery.While Arnez is driving out of his friend's neighborhood, he fails to see a stop sign and crashes his vehicle into a truck driven by Ben, severely injuring Ben.Ben brings a lawsuit against ABC Parcel Delivery.
#1Explain whether Arnez is an independent contractor or an employee and why?(5 points)
#2Assuming Arnez is an employee,listwhat laws apply to:
(1)Kim v. ABClawsuit; and
(2) theBen v. ABClawsuit?
Please separate your answers.Points will be deducted if answerswere not separated.(10 points)
#3 Assuming Arnez is an employee, please explain whether:
(1) Will Kim be successful in her lawsuit against ABC? Why or Why not?
(2) Will Ben be successful in his lawsuit against ABC?Why or Why not?
Please apply the law to the facts.Please separate your answers. Points will be deducted if you
answer is not separated.(20 Points)
#4What case applies to the (1)Kim v. ABClawsuit?In your answer explain why the case
applies(10 points).
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