Proving Constructive Discharge
Aug 28, 2009
Intolerable working conditions In order to sue successfully on the basis of constructive discharge, an employee must prove in court that the working conditions he or she experienced were intolerable....
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Are you an employee or independent contractor? Part 7
Aug 27, 2009
Can I lose my shirt? The possibility of a profit or loss for the worker as a result of his services generally shows independent contractor status. Many bosses Work for a number of persons at the same...
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Are you an employee or independent contractor? Part 5
Aug 27, 2009
Sequence of work If the order of the performance of services is, or may be, set by the employer, control by the employer may be indicated. Reports, reports, reports The submission of regular oral or ...
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Are you an employee or independent contractor? Part 4
Aug 27, 2009
The hours The establishment of set hours of work by the employer bars the worker from being master of his own time, which is the right of the independent contractor. Full time schedule Full-time work...
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Are you an employee or independent contractor? Part 3
Aug 27, 2009
Services must be rendered personally if the services must be rendered personally, it indicates an interest in the methods, as well as the results. Lack of control may be indicated when the person has...
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Are you an employee or independent contractor? Part 2
Aug 27, 2009
Actual instruction or direction of worker A worker who is required to comply with instructions about when, where and how to work is ordinarily an employee. The instructions may be in the form of manu...
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Are you an independent contractor or employee?
Aug 25, 2009
Behavioral Does the company control or have the right to control what the worker does and how the worker does his or her job? Financial Are the business aspects of the worker’s job controlled by the ...
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What is Constructive Discharge?
Aug 18, 2009
What do you have to prove? 1. Your employer recently changed a working condition that led directly to your resignation.
2. The change and your resignation occurred close enough in time, to have est...
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What to Expect at an Employment Deposition Part 7
Aug 13, 2009
Know your complaint cold. It is essential that you re-read your complaint in your case before your deposition. You need to understand how you would prove all of the facts that you have alleged in yo...
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What to Expect at an Employment Deposition Part 6
Aug 13, 2009
You're not funny. . . Avoid any attempt at humor or telling jokes. Jokes, sarcasm or irony simply do not come off well in a written transcript. Often the writing will look absolutely the opposite o...
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