Depends if you are an employee or independent contractor Employee within scope

Depends if you are an employee or independent

This preview shows page 44 - 46 out of 53 pages.

Depends if you are an employee or independent contractor Employee--within scope of employment, managed, use the principal’s resources--you are liable as well. Have regular hours, salary, schedule Employee, but clearly not in the scope, you are not. Sometimes principals are liable for their employees deviations Lazar v. Thermal Equipment Employee but criminal act- principal usually not liable but for civil Independent contractors—lump sum of money, own their own tools, have other relationship with principal as well--rarely liable. Not applicable to social security taxes, discrimination laws, state worker compensation laws, Liable if ultra-hazardous activities and non-delegable duties Respondeat superior: If an agent signs an agreement on behalf of a principal, are they themselves responsible for honoring the agreement? Not usually If they sign the agreement without any type of authority When the agent acts with only apparent authority, their liability is to the principal The agent can chose to assume liability for an agreement agents are personally liable if they make a contract and fail to notify the third party that they are acting as an agent agent is liable if they do not disclose the principal’s identity agents are liable if they claim to be acting on behalf of a principal that does not exist partially disclosed principal: agent is also liable in addition to third party and principal Discrimination Until 1964, no laws prohibited companies from discrimination Civil Rights act- prohibits employers from discriminating on the basis of race, color, religion, sex (gender) or national origin Does not apply to companies under 15 people Companies can hire only US citizens and is not discriminating Sexual orientation is not included
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  • Spring '08
  • BREDESON
  • Law, Government, Speak, Supreme Court of the United States, U.S Supreme court

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