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1. Compare and contrast the different employment relationships. Be certain to discuss the legal implications and impact on staffing.
2. Many people view affirmative action as a scapegoat for minorities. This belief is based on lack of knowledge or refusal to gain a better understanding. Based on the reading, define affirmative action. Discuss an affirmative action plan. Is affirmative action a good way to remedy discrimination? Why, or why not?
3. Although employment laws are in place, some organizations still face employment lawsuits. Discuss at least three different types of staffing-related lawsuits and what is required from them to succeed in court.
All responses should be at least 200 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations
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The answer to this problem explains employment relationships, affirmative action, and employment law. The references related to the answer are also included.
In compliance with BrainMass rules, this is not a hand in ready assignment but is only guidance.
1. The most common different employment relationships are a common law employee, an independent contractor, a statutory employee, or a statutory nonemployee. From the legal point of view an independent contractor is not an employee. For example, a lawyer, accountant, or auctioneer is a contractor and not an employee. The legal point is that the employer has control over the result of the work but has no control over the means and methods used to accomplish the work. In contrast a common law employee is one over whom the employer has the control of what must be done and how it must be done. In an employment relationship, the employee may be discharged at the will of the employer and the employer gives the tools and place where the work is done. Hiring employees has a positive effect on the motivation of employees. It is easiest to staff using full time employees. It is relatively difficult to get contract workers (1). Also, the motivation to work is relatively low for contract employees.
A statutory employee is a person who works for an employer but is not an employee according to the common law. A commission ...
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