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Law
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English (U.S.)
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Topic:

The Gig Economy Law Term Paper Research Paper Essay

Term Paper Instructions:

Uber is largely hailed as the advent of the gig economy, which is the idea that people will not work for any one employer, but instead will work on projects for any variety of companies desiring their services. While creating a new type of entrepreneurship for individuals, it raises a host of new legal questions for companies around the law of agency.
An investment firm has asked you to evaluate Uber’s legal exposure for the conduct of its drivers.
Write an interoffice memo in which you:
Summarize the main principles of agency.
Analyze the circumstances under which Uber might be liable for the conduct of its drivers.
Identify the steps Uber can take, if any, to limit its legal exposure for the conduct of its drivers.
Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Your news brief or memo should include a heading, summary statement, background and recommendations.
The specific course learning outcomes associated with this assignment are:
Analyze and apply the concepts of ethical decision making, corporate governance and corporate social responsibility.
Analyze and evaluate the employment-at-will doctrine and the statutory protections afforded employees.
Analyze and evaluate laws and regulations relative to product safety, liability and representations.
Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.
Things to Consider
Break Assignment down - understand the points and purpose of assignment
Formatting requirements:
News brief or memo- include a 1. heading, 2. summary statement, 3. background, and 4. recommendations.
Chapter material and concepts applied should achieve the following objectives:
Analyze and apply the concepts of ethical decision making, corporate governance and corporate social responsibility. SEE Ch. 2
Analyze and evaluate the employment-at-will doctrine and the statutory protections afforded employees. SEE Ch. 16
Analyze and evaluate laws and regulations relative to product safety, liability and representations. SEE Ch. 13
Questions to address in Memo/Brief:
Summarize the main principles of agency.
>Explain Agency Relationship
> Define principal - agent
>Examine liability: Principal - Agent
…..and so on
Analyze the circumstances under which Uber might be liable for the conduct of its drivers.
>Requires internet research
>Explain role of Uber, and its drivers
>Apply Agency relationship - theory, to the Uber - Driver concept …and so on
Are drivers employees or contractors? Which impacts issues and theories of liability; examine this.
3. Identify the steps Uber can take, if any, to limit its legal exposure
for the conduct of its drivers.
>risk assessment
>minimize liability
>based upon an overall construct of the agency theory, how best should this relationship be formed to reduce company exposure

Term Paper Sample Content Preview:

The Gig Economy
Name
Institution Affiliation
 The Gig Economy
Interoffice Memo 
To: 
From:
Date: 
Subject:           An Analysis of Legal Exposure of Uber Due to Conduct of its Drivers 
Summary
Gig economy is a type of industry where the employees have the freedom to work in their convenient hours or under short-term contracts. In this type of employment, employees do not receive regular salaries, but are paid for the whole gigs they have completed. Some issues that have emerged with gig economy is the fact that employees are viewed as independent contractors or entrepreneurs since they do not work for a single employer, making it difficult to determine the party that can be held liable for the conducts of drivers. In Uber, for instance, customers have sued the company for various crimes committed by the drivers because they argue that such drivers are Uber’s employees and the company should be held responsible. 
Background
This memo is aimed at evaluating the Uber’s legal exposure as a result of the conducts of its drivers. It is crucial to investigate the degree of liability of the company for the actions of its drivers to equip Uber with sufficient legal knowledge, which can help the company to take suitable measures to address some of the most important legal issues that it may face now and in future. Considering the ever-changing laws as well as the changing relationship between Uber and its drivers, the company can be held liable in some instances. In the recent past, Uber has had several legal cases involving drivers and the clients. Consequently, people may wonder whether it is worth to invest in this emerging industry due to the increased risk associated with too much legal exposure. 
Principal-Agent Relationship Concept
Actual express authority; one of the Law of Agency Principals states that the principal must enter into an explicit agreement with the agent before employment (Jennings, 2018). In the present case, the principal is Uber, and the agent is the driver. The principal gives the agent orders, which must be followed to the letter. Therefore, drivers must abide by the orders from Uber management of dropping people from one point to another (Jennings, 2018). This is a stage where the relationship between principal and agent is established, and employees receive authority for their duties. 
The second principle is the actual, implied authority, which indicates that the relationship established between the company and employee should be on a contractual basis, where each party has obligations and rights (Jennings, 2018). Here, the agent/employee must act in the best interest of a principal/employer in mind. The agent must be obedient, loyal and carry out their duties with care. O...
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