Employer Relationship

Case Outcome           

The classification of a worker either as an independent contractor or employee depends mainly on the nature of their work and its realities, not pre-signed agreements. Although there was no employment agreement between Miri and Keller, the nature of internet installation services qualifies Keller to be treated as an employee with access to all benefits according to federal law. One of the factors to consider is the permanency of the working relationship (Walsh, 2019). Although Miri did not always force Keller to work for him, internet installation sometimes took much of the latter’s time, preventing him from working with other companies. Another reason to support Keller’s claims is the capital investment made while working for Miri. First, Keller used his wife’s car to move around and install internet for customers. This came at a cost, as he had to fuel the vehicle. Also, Keller bought tools for his job, such as drills, wrenches, and installation cables, representing significant economic independence.

Additionally, the opportunity cost incurred working for Miri favors Keller’s employee status claim. Keller may have made more profits had he worked for other companies. However, working at HughesNet forced him to move between installation points, meaning he could not handle more than three daily orders. Keller had the option to subcontract and take more jobs, but that would come at a higher cost. If one sacrifices to work for their current employer, it costs them the profits they would make working with others (Fudge, Tucker & Vosko, 2003).

Moreover, Keller’s roles were integral to Miri’s business. Keller provided satellite-dish installation for Keller, which was an essential part of Miri’s business (Walsh, 2019). That qualifies Keller as an employee, thus entitled to a summary judgment as a matter of law. Employees who perform critical roles in a business have more favor when claiming employment status (De Stefano et al., 2021).

Legal Significance

Based on the Miri versus Keller dispute, the employee status is the best for protecting employee interests compared to the ‘independent contractor’ status. A central decision that should be made in such disputes is whether the firm made or hired a worker (Carlson, 2017). Whenever such conflicts arise, it is the burden of an employer to prove that their workers are independent contractors. On the other hand, an employee only needs to present evidence that demonstrates that the firm treated them as employees.

References

Carlson, R. R. (2017). Employment by Design: Employees, Independent Contractors and the Theory of the Firm. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.2919670

De Stefano, V., Durri, I., Stylogiannis, C., & Wouters, M. (2021). Platform work and the employment relationship. https://www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—travail/documents/publication/wcms_777866.pdf

Fudge, J., Tucker, E., & Vosko, L. F. (2003). Employee or Independent Contractor-Charting the Legal Significance of the Distinction in Canada. Canadian Lab. & Emp. LJ, 10, 193.

Walsh, D. J. (2019). Employment Law For Human Resource Practice (6th ed.). Cengage.

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Employer Relationship

Unit 1 DB: Employee – Employer RelationshipUnit 1 DB: Employee – Employer Relationship
Keller v. Miri Microsystems LLC involved the disposition of the employee/employer relationship between cable and satellite installers and whether they were correctly classified as independent contracts or should have been classified as employees. After reading the Keller v. Miri Microsystems case study in Chapter 2 of your text, address the following questions in your initial post:
Based on the evidence presented, how would you have ruled in this case? What specific evidence presented in the case study influences your ruling? In crafting your response, consider the application of the economic realities test to this ruling.
Turning to the court’s ruling, what is the legal significance of this case as it relates to the employee/employer relationship and your HR practice?
Evidence is an integral part of academic writing and critical thinking. When crafting your responses, please be sure to use the textbook and resources, as well as any outside research you might conduct, to support your statements.