Employment law timed writing assignment

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Employment law timed writing assignment

Jennie Douma is an automobile mechanic. She is an excellent mechanic and is currently certified as such by the Institute for Automotive Service Excellence (ASE). Douma has always wanted her own business and now wishes to open a garage to service vehicles. She wants to have a large facility, where multiple cars can be serviced at the same time. She has also thought about offering car detailing as an option, but she doesn’t know how well that will fit into her business plan.
She has limited funds available, however, and is concerned about her potential payroll costs. She will likely need to hire 2 ASE-certified mechanics, 4 non-certified mechanics, as well as 3 or 4 workers to help with cleaning the shop, minor construction, and other simple tasks around the shop.
Jennie has heard about how well you are doing in employment law and decides to seek your advice. She sends you an email that states the following:
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Hey!
So, I have some questions for you. I have heard that I can hire workers as either employees or as independent contractors. Is that true? Is it better for me to hire employees or independent contractors? What are the advantages and disadvantages of each choice? What do you think they want to be?
Is it true that independent contractors are cheaper to hire? Why would that be the case? It seems to me that I would have to pay contractors more than I would employees. Yes?
Can I hire some workers as employees and some as independent contractors? Which of my employees should be contractors and which should be employees? Do I deal differently with each set of workers?
I want to avoid any liability, whether from a court or government agency. Does everyone use the same definitions for independent contractors and employees? How the heck does anyone tell the difference between the two?
If I decide to hire independent contractors, I want to put together a very strong contract so that the workers know their status. What do you think about that? Is there a way to make it clear in the contract that they are independent contractors and not employees?
Is there any way to use a temp agency to hire employees? What are your thoughts on that?
What about any disputes that come up with my employees? Is there a way that I can avoid having to go to court? I hate the thought of that.
Thanks for all your help! I look forward to hearing from you soon!
Jennie
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Please draft a memo to Jennie. Answer each of her questions. Provide enough detail that she is able to make decisions about how to run her business and what sort of costs she can expect to incur. Her future depends on the advice you give to her, so be as thorough as possible.