Question
Jasper, a 57 year old man, was hired by Company A to fix Company A's roof for a fee of $10,000. Jasper is self insured
Jasper, a 57 year old man, was hired by Company A to fix Company A's roof for a fee of $10,000. Jasper is self insured and hires his own staff to complete the work for Company A. Jasper has other clients besides Company A and sets his own hours. Jasper dictates the details regarding how the roof is fixed and he wears whatever he wants to work for Company A. In essence, Company A does not have control over the details of Jasper's work. Before completing the job for Company A, Jasper is fired by the company. He is replaced by Kevin, a 27 year old man. Jasper believes he is a contract employee and Company A has wrongfully terminated him. Also, Jasper would like to sue Company A for a violation of the Age Discrimination in Employment Act (ADEA).
1. What is the difference between a contract and an at-will employee?
2. What is the ADEA and who is protected under the ADEA?
3. Is Jasper an employee, agent or independent contractor and why?
4. Will Jasper be able to bring a legal claim under the ADEA and why?
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