Questions we Can Help you to Answer

Paper Instructions:

M4A1: Case Analysis: Employer Relationships: Independent Contractors and Agents versus Employees 

Foundation of Case Analysis
Please make sure to read and view all materials for this module and be prepared to do outside research on these topics, as well, to complete this case analysis. Please understand that this case analysis may also draw on previous module discussions and readings.
In this case analysis, we ask you not only to explain the law and how these issues influence the workplace, but also how the employer should deal with these issues. We expect each case study to look at the issue from various perspectives, including:
The employee perspective – how does or should the employee react to these issues?
The company perspective – how does the company deal with these issues?
The legal perspective – does the law dictate the way the company must proceed?
The ethical perspective – does the law or company policies maintain a balance of ethical concerns?
The business perspective – even if the law or ethical codes do not require the company to act, how would the company be viewed by the public if the issue was released to the press?
MO4-1: Analyze the employee/employer relationship (CO#1, 2, 3, 4).
MO4-2: Analyze the independent contractor/employer relationship (CO#1, 2, 3, 4).
The Case
Your friend Sharon owns a bar and is having an issue with one of the bouncers or security personnel. Brutus is a very large human being who is extremely good at his job; in fact, he may be too good, as Sharon wants your advice about a brawl that recently broke out at the bar. Jack Daniel was a regular patron who was very drunk one night, and he started verbally and then physically assaulting a female patron. Brutus, without hesitation, grabbed Jack, who resisted and tried to punch Brutus. Brutus still had a firm grip, and he pushed Jack against the wall, where he hit his head badly and blood flowed. More passive now, Brutus carried Jack outside and set him down gently by his car with one of Jack’s friends.
As Brutus left the bar to go home, he saw Jack across the street from the bar. When Jack saw Brutus, he started yelling obscenities. He was all alone, so Brutus went over to try to calm him down. Jack instantly rushed Brutus, who brushed him off, pushing him to the side, and Brutus slammed his head again on a car bumper. Brutus tried to revive him, but he could not, so he just left the scene, then anonymously called 911 from a pay phone down the street.
Sharon received a letter from Jack’s widow’s lawyer stating that Sharon is legally liable or responsible for the death of her husband because Brutus was her employee.
The Tasks
Answer the following questions:
Please analyze the law and provide arguments both for and against the legal theory that Brutus was simply defending himself. Did Brutus have an obligation to stay until help arrived? What type of liability might Brutus and the bar face for his actions?
Please analyze the scope of employment and provide arguments both for and against the issue of whether Brutus was acting within or outside the scope of employment in both altercations.
Please review the law and assess the differences in the possible issues of liability for Brutus and the bar if Brutus was an employee of the bar or if he was an independent contractor hired by Security Corp to work the bar that night?
Please analyze the legal concepts of implied and apparent authority and interrelate them to the following potential liability regarding both Brutus and the bar if Brutus had been fired 3 weeks earlier and was not even employed that night.
Please then provide a conclusion that wraps up all the ideas and provides recommendations for Brutus and the bar.
Please research and report back on these issues, keeping in mind the perspectives highlighted in the foundation area. You must cover each of the perspectives.
Please provide a 3-4 page paper (not including the cover page and references) case analysis with an introduction that explains the background of this case.
Please remember that we require the use of citations and referencing. Please use APA format, including a cover page and a reference list of at least three