Problem:
A security alarm sales company has 19 employees. In addition, there is a 46-year-old salesperson named Beth who is paid as an independent contractor. Beth is given set hours and specific assignments by the company that is located in an "at-will" state. Beth injured herself on her way to a sales call when she stopped to buy gas for her car. Since she missed her appointment due to her injury and did not promptly notify the employer, the sale was lost. The company fired her, and Beth sued. As the company's attorney, the employer has turned to you for advice.
Prepare a brief to the company in which you describe the following issues based on the above scenario:
o Analyze the formation, rights, authority, and termination of agency and employment relationships. What ARE the legal rights and responsibilities of the respective parties given the facts in this situation?
o Identify and explain the significant employment regulations affecting, and protecting, both the security alarm company and Beth.