Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

This answer should be 7to 8 pages and explain all questions in brief Case 1: Brad v. Lay-Z-Guy (12 points total) Brad began working at

This answer should be 7to 8 pages and explain all questions in brief

image text in transcribed
Case 1: Brad v. Lay-Z-Guy (12 points total) Brad began working at Lay-Z-Guy in 1981 as a customer service manager. In 1995 his employer started requiring him and other salespeople to sign a series of one-year agreements that stated they could be terminated on 60 days' notice. Three years later, Lay-Z-Guy required Brad to incorporate, and from that point forward, the agreements were between Lay-Z-Guy and Brad's corporation. The agreements defined Brad as an "independent marketing consultant" and expressly stated that he was not an employee. Brad paid for his own office space and remitted his income taxes and worker's compensation premiums. Lay-Z-Guy set prices, territory, and promotional methods. Brad was limited to servicing Lay-Z-Guy exclusively. In 2003, Lay-Z-Guy terminated the agreement with 60 days' notice. Brad sued for wrongful dismissal damages, claiming he was an employee. 1. What arguments can be made in support of Brad's position that he is an employee? (3 marks) 2. What arguments can be made in support of Lay-Z-Guy's position that Brad was an independent contractor? (3 marks) 3. Which side do you think should be successful? Defend your answer. (3 marks) 4. Do you think that Lay-Z-Guy could successfully argue, in the alternative, that even if Brad was an employee, the c 60 days' notice provision in the contract governed termination and had been complied with? Explain your

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Public Law

Authors: John Stanton, Craig Prescott

3rd Edition

0192857460, 978-0192857460

More Books

Students also viewed these Law questions

Question

Define line and staff authority

Answered: 1 week ago

Question

Define the process of communication

Answered: 1 week ago

Question

Explain the importance of effective communication

Answered: 1 week ago

Question

* What is the importance of soil testing in civil engineering?

Answered: 1 week ago