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Chapter 1 Notes

P 14 irs 20 factor analysis p 18 21 clackamas

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- p. 14 - IRS 20-factor analysis - p. 18-21 - Clackamas Gastroenterology Associates, P.C. v. Wells - are the doctors in the practice employees or partners (the court decided they were employees) - p. 23 - joint employer - whether a contingent worker who is placed by a staffing firm with the firm's clients is an employee depends on a number of factors, including whether the staffing firm or the client retains the right to control when, where, and how the worker performs the job and whether there is a continuing relationship with the worker, among other factors - p. 25 - The Employment-At-Will Doctrine - at-will employment - an employment relationship where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes
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- p. 28-29 - three exceptions to the doctrine: implied contract (employee handbook) , public policy (bad faith, malicious or retaliatory termination such as fired for serving jury duty or being a whistle-blower) , and good faith and fair dealing (where the employer tries to cheat you) - p. 33 - Palmateer v. International Harvester Company - p.42 - Promissory Estoppel - another exception to the at-will rule; similar to the implied contract claim except that the promise, implied or express, does not rise to the level of a contract; the plaintiff
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