Description
As a first-year Human Resource Specialist at “Stress Free Estates” estate planning firm, your boss (Will N. Trusts) presents you with the following two scenarios:
Scenario 1
Gary, an estate planner, works on a contract basis for our clients at “Stress Free Estates”. On occasion, we contract Gary to handle a specific client for a specific estate planning job. Per our contract with Gary for these specific clients, he is paid commission on a weekly basis based on the overall fee received by the firm. When working for these specific clients, Gary is able to use our office space, equipment, and any supplies necessary to complete the job. To ensure consistent work product and regulatory compliance, Gary submits his work to a supervisor, who approves it and send it to the client on behalf of our firm. Recently, we had to lay Gary off in the middle of a job and he filed for unemployment compensation.
What legal tests could be employed to determine whether Gary is an independent contractor or employee?
Based on these tests, what is your conclusion as to Gary’s status: independent contractor or employee?
Scenario 2
Susan, a financial products representative in our Nebraska office, landed a major Mutual Fund client just six weeks before planning to retire. In the interim, and before her commission was paid, she was let go by our firm. We did not have a contract for employment with Susan. She is now suing us for wrongful termination.
Would any exceptions to Susan’s at-will employment apply under these circumstances?
Does it make a difference if Susan was employed in our Florida office?
There seems to always be some confusion concerning the use of HR-127. Please keep in
mind that I created it to help guide students to where they need to go and what needs to
be provide. The questions asked after the assignment also fit naturally into the form once
you determine what they are asking. For example, Scenario 1 first question asks “What
legal tests could be employed to determine whether Gary is an independent contractor or
employee?” This is a question of what Rule of Law (ROL) must be used to answer the
second question. As such, it would be answered in the space for “Applicable Law(s)” The
second question; “Based on these tests, what is your conclusion as to Gary’s status:
independent contractor or employee?” is merely asking how the employee should be
classified and as such would be answered in the space for “Actions Required By
Company” along with your recommendations as to whether or not to pay his
unemployment claim.
Also please be mindful, that when you are looking at real world legal issues, the issues
addressed by this form are the bare bones of what needs to be determined to make an
informed choice of what actions need to be taken.
Please keep in mind that on this assignment and every assignment in this class, a short,
clear statement of the relevant Rule of Law must be provided for every question.
Please see example of form HR-127 completed on the next page.
EXAMPLE OF HR INTERNAL ADVISE MEMO, Form HR-127 CORRECTLY
COMPLETED.
Name of Employee Affected:___Fred The Head________________________________
Name of HR Representative:__Susan Smart____________________________________
Brief Summary of Issue Requiring Advise: __Was Fred The Head negligent in his
operation of the fork lift?___________________________________________________
________________________________________________________________________
________________________________________________________________________
Applicable Law(s) __The prima facie case of common law negligence has four elements
to be proven. Duty, Breach of Duty, Injury, Cause in Fact and Proximate Cause._
(“Elements Of A Negligence Case”, 2021)
____________________________________________________
________________________________________________________________________
Relevant Facts that Requires Company to Act in a Certain Manner: _Fred had a duty to
operate the fork lift in a prudent and reasonable manner ensuring that it did not damage
any item of the facility. Fred breached his duty by driving the fork lift over a pallet of
fine china and through the warehouse wall. Fred’s operation of the forklift injured the
company by destroying the fine china and putting a huge hole in the wall. The injury to
the company’s china was the actual and foreseeable cause of his breach of duty. _______
________________________________________________________________________
Actions Required By Company: _Fred was negligent in his operation of the fork lift since
all the elements of negligence have been satisfied. The Company may bring a negligence
action against Fred and terminate his employment for cause. However, since Fred spends
all his money pot and pot pies, even though the court would likely find Fred negligent
and as such liable, he has no funds to pay the judgment and likely never will, HR advices
company to merely fire Fred. ____________________________________________
________________________________________________________________________
List Relevant Sources for More Guidance: _____________________________________
__Elements of a Negligence Case(2021).
HR INTERNAL ADVISE MEMO, Form HR-127
Name of Employee Affected:_______________________________________________
Name of HR Representative:________________________________________________
Brief Summary of Issue Requiring Advise:_____________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Applicable Law(s) ________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Relevant Facts that Require Company to Act in a Certain Manner: __________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Actions Required By Company: _____________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
List Relevant Sources for More Guidance: _____________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
HR INTERNAL ADVISE MEMO, Form HR-127
Name of Employee Affected:_______________________________________________
Name of HR Representative:________________________________________________
Brief Summary of Issue Requiring Advise:_____________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Applicable Law(s) ________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Relevant Facts that Require Company to Act in a Certain Manner: __________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Actions Required By Company: _____________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
List Relevant Sources for More Guidance: _____________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Grading Guide
Content
Met
Partially
Met
Not
Met
Comments:
The student determines what legal tests
could be employed to determine whether
Gary is an independent contractor or
employee. (ROL)
The student concludes based on these
tests and relevant facts Gary’s status and
if he is an independent contractor or
employee. (Conclusion based upon facts
and ROL)
The student determines the law that
applies any exceptions which may apply
to Susan’s at-will employment under
these circumstances in the scenario.
(ROL)
The student applies the concept of
employment at-will and its possible
exceptions, in the state of Nebraska.
(Conclusion based upon the facts and the
ROL)
The student determines if it makes a
difference if Susan was employed in their
Florida office. (Conclusion based upon
the facts and the ROL)
Each memo is 300 words in length or
less.
Total
Total
Available Earned
Writing Guidelines
The memo—including tables and graphs,
headings, title page, and reference page—
is consistent with APA formatting
guidelines and meets course-level
requirements.
Met
55
#55
Partially
Met
Not
Met
.
Comments:
Writing Guidelines
Met
Partially
Met
Not
Met
Intellectual property is recognized with
in-text citations and a reference page.
Must be in APA format.
Paragraph and sentence transitions are
present, logical, and maintain the flow
throughout the paper.
Sentences are complete, clear, and
concise unless bullets are used.
Rules of grammar and usage are followed
including spelling and punctuation.
Total
Total
Available Earned
Assignment Total
Additional comments:
Comments:
#
25
#/25
80
#/80
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