Employee v. Independent Contractor
I received a failing grade on this paper and these were the comments from my professor:
ADDRESSES ALL ASSIGNMENT REQUIREMENTS: Shows command of the facts and law, but does not follow directions.
SKILL IN WRITING AND ANALYSIS: Omits relevant facts/law or places emphasis on less relevant items.
MECHANICS AND GRAMMAR: A few spelling or grammatical errors
Ms. Barron, you did not list the relevant factors from IRS publication 15A nor did you follow them in analyzing the case. This exercise was to directly use the 20 factor test and you strayed away from that and focused on things that were not germaine to whether there was an Independent Contractor relationship.
***References to use are IRS publication 15A and the the 20 factor test
**My professor wants each of the 20 factor broken down after the introduction and a short description as to whether or not that factors apply to the subject of the paper. (ie. 11 out of the 20 apply and why)
**The analysis is what the professor is looking at to be one of the strongest parts of the paper.
**My professor wants the paper to be broken down by Behavioral Control / Financial Control / Type of Relationship ….and to go into further detail pertaining to the topic of the paper.
**Conclusion as to whether or not John was a regular employee of business or not is very important.
**DO NOT FORGET TO INCLUDE THE Additional Section:
What would you do, as a Human Resources Director, to make sure that this type of situation does not happen again? Identify at least three steps that you would take, or policies that you would implement. (this is located in the instruction portion of the paper as well towards the bottom before the rubric). The professor stated that this can follow the conclusion of the paper.
**Organization is a must and he is very particular about the organization of the paper.
**Citations must be in APA Format and include References to use are IRS publication 15A and the the 20 factor test https://www.oregon.gov/ODA/shared/Documents/Publications/NaturalResources/20FactorTestforIndependentContractors.pdf
and possibly one other creditable resource.
**I have provided two examples. The second example was given an 80 and forgot to include the 20 factor test.