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Civil Rights Act of 1964, Independent Contractor, and Wrongful Termination

Essay Instructions:

1. Gene signed an employee handbook that contained a non-compete agreement. Gene was employed as a hotel clerk. The handbook stated: “Upon termination of employment, the employee shall not work for any hotel in the United States for two years.”
It is likely that this non-compete agreement is not enforceable as written, and a judge would find it void against public policy. Edit this clause/agreement to make it an enforceable non-competition agreement.
2. Betty wants to hire a secretary who is "mature." In particular, she wants to hire a woman with experience and whose children are grown (so she will not have to be staying home with sick children, etc.). She also wants to make sure the woman is of "sound, Christian character, with solid morals."
To find such an employee, she ran the following ad in the newspaper: "Secretary. Excellent Pay. Quiet professional office. Must not be opposed to Christian work ethic. References required. 555-1111 or write to P.O. Box 114, Ourtown, USA. "
Discuss whether this ad would provide grounds for a Title VII claim.
3. Janet goes to work as a cleaning woman at a tech company. She has a written contract that calls her an “employee.” The contract states that she will be paid for her services over a 6-month period, upon completion of any overnight cleaning service she performs. The number of overnight cleaning services that she must provide is not specified. She is not paid a wage. The contract is renewable every six months. Janet can use assistants to help her fulfill her cleaning duties without notifying the tech company.
Janet uses cleaning supplies provided by the company. Janet has four other cleaning jobs that she is paid for each week. Is she an employee or independent contractor? Thoroughly explain your answer.
4. Suppose Janet is deemed an “employee”. Her contract is terminated in the middle of a six-month term for no reason. Is this wrongful termination? Why or why not?
5. Sandy was an employee for a small printing company. She found a new job that would pay much more. In accordance with company policy in a handbook that stated that “all employment changes shall be preceded by two-week’s notice,” she gave 14 days notice of her planned departure. The printing company was upset she was quitting, so he terminated her employment immediately. Sandy can’t work for her new employer for two weeks, so she loses salary. Did the printing company wrongfully terminate Sandy? Explain.

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Law Questions
* Edit this clause/agreement to make it an enforceable non-competition agreement.
For the entire duration of this agreement, and for a period of 2 years after the employment has been terminated for any reason, the employee will not work as a hotel clerk or engage in any capacity with a competing company. This means that the employee will not work for any hotel in the United states during the period.
* Discuss whether this ad would provide grounds for a Title VII claim.
Title VII is considered a provision of the Civil Rights Act of 1964 and typically prohibits the discrimination in employment circumstances on the basis of color, religion, pregnancy, race, gender, nationality, or origin. More so, the Title VII laws applies only to employers who employ 15 or more employees. For Betty, the Title VII does apply simply because she is looking for just one employee. Her terms in this aspect manifest.
* Is she an employee or independent contractor? Thoroughly explain your answer.
While Janet has a contract that considers her as an “employee” she is an independent contractor. She is not paid wages like employees but expected to submit invoices for all completed overnight cleaning. The company does not dictate what she can do and since she operates independently, she can use assistants to complete her assignments. While employees receive ins...
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