Assignment Prompt & Instructions
SEE ATTACHED
– 2 years ago
**files (3)**
– ## GradDiscussionRubric.pdf
– ## DiscussionWeek154525HRA.docx
– APA_RequiredCoverPage_and_Template_7thed4.docx
**## GradDiscussionRubric.pdf**
TCOB Graduate Studies Discussion Rubric
Criteria No Submission
0 points
Novice
(Criterion is missing or not
in evidence)
1-13 points
Basic
(works towards meeting
expectations;
performance needs
improvement)
14-16 points
Proficient
(meets expectations;
performance is satisfactory)
17-18 points
Exemplary
(exceeds expectations;
performance is outstanding)
19-20 points
Support of
Week's Reading
No Student
Submission
(0 points)
Does not refer to the
readings to support postings
(1-13 points)
Alludes to the readings
to support postings
(14-16 points)
Refers to examples from the
readings to support postings
(17-18 points)
Provides concrete examples from
the readings to support postings;
integrates prior readings in
postings
(19-20 points)
Observations No Student
Submission
(0 points)
Does not integrate personal
observations or knowledge;
does not present new
observations
(1-13 points)
Integrates personal
observations and
knowledge in a cursory
manner; does not
present new
observations
(14-16 points)
Integrates personal
observations and knowledge
in an accurate way; presents
new observations
(17-18 points)
Integrates personal observations
and knowledge in an accurate and
highly insightful way; presents
new observations
(19-20 points)
Response to
Classmates
No Student
Submission
(0 points)
Responds in a cursory
manner to classmates’
postings
(1-13 points)
Constructively responds
to classmates’ postings
(14-16 points)
Constructively responds to
classmates’ postings; offers
insight that encourages other
students to think critically
about their own work.
(17-18 points)
Constructively responds to
classmates’ postings; masterfully
connects the material presented
in classmates’ postings to their
responses; encourages classmates
to think critically about their own
work.
(19-20 points)
Organization,
Word Choice,
and Sentence
Structure
No Student
Submission
(0 points)
Posts are disorganized and
information is not presented
in a logical sequence; word
choice and sentence
structure are not suitable
(1-13 points)
Posts are somewhat
disorganized, and
information is not
presented in a logical
sequence; word choice
and sentence structure
are not suitable
(14-16 points)
Posts are organized, and
information is presented in a
logical sequence; word
choice and sentence
structure are suitable; there
are a few errors; however,
errors do not affect
readability.
(17-18 points)
Posts are organized and
information is presented in a
logical sequence; word choice and
sentence structure are suitable;
no errors in the response.
(19-20 points)
References No Student
Submission
(0 points)
Includes no sources to
support conclusions
(1-13 points)
Includes 1 outside
source to support and
enrich the discussion;
Includes 2 or more outside
sources to support and
enrich the discussion;
sources are properly cited in
Includes 2 or more outside
sources to support and enrich the
discussion; sources are cited using
APA format; style guidelines are
TCOB Graduate Studies Discussion Rubric
sources are not properly
cited in APA format
(14-16 points)
APA format and are properly
integrated into the discussion
response
(17-18 points)
masterfully integrated into the
discussion response.
(19-20 points)
**## DiscussionWeek154525HRA.docx**
**Assignments 1A and 1B. Below.**
**1A. Please respond to the discussion question below using and citing scholarly references in APA format AND text author reference:** Moran, J. J. (2014). Employment law: new challenges in the business environment (6th ed.). Boston: Pearson.
**Employer-Employee Relationships**
In today's business world, being an employee is not the only way someone can be hired to carry out work. The traditional employee with graded pay scales, benefits packages, and other employment participation may not represent the best format for the company or the worker. The category of "independent contractor" is only one option. Outsourcing, temporary agencies, and consultants represent options that bring many cost-saving elements to the table. For example, there are clear cost benefits, such as no pension, no health benefits, and no long-term employment commitment to the individual hired under these titles. Cite one or more Internet sources in your initial response.
List the benefits and negatives of being an "employee" from the viewpoint of both the employer and the employee. What are the benefits and negatives of being an "independent contractor" from the viewpoints of both the employer and the employee?
If you were an employer, would you prefer to employ workers designated as employees or independent contractors? Why? How would you make such designations?
Would you prefer the "employee" or the "independent contractor" designation as a worker? Why?
\*\*\******************************************************************************
**1B.) **Please respond to the 2 peers' questions** using the above discussion info regarding the Employer-Employer Relationship:
**Cite 2 additional scholarly references in APA format** **JC.** First, as Moran (2014) explains, the employment relationship is a contract between an employer and a worker in which the worker is considered either an employee or an independent contractor for direct benefits like compensation, rights against harassment, balancing the family, requested leaves, compensation after involuntary layoffs, unemployment insurance salary, and rights against discrimination.
Employers may choose to use the services of independent contractors for several reasons, including the contractor not being paid vacation, sick pay, personal days, or any life, health, or unemployment insurance benefits. Furthermore, there is no expectation of pension benefits; workers' compensation claims cannot be brought; Social Security and other taxes are not taken out; there are no prevailing wage concerns, no limitation on work time as well as no overtime; and liability of an independent contractor artfully causing the injury or the damage is low or non-existent (Moran, 2014).
On the other hand, these same factors come into play from the employee's perspective. While I understand why some would choose the role of an independent contractor, one benefit is being your own boss and working as much as you want. As Nisnik (2024) states, employers are willing to pay independent contractors more than their staff because they don't have to deal with such things as long-term commitments at a high price or health benefits and employment compensation, Social Security taxes, and Medicare taxes that expensively drive up costs.
Finally, as an employer, I would hire independent contractors because I do not have to provide benefits that would save the company money. However, as an employee, I prefer not to be an independent contractor. I have been in the workplace for decades and am well-versed in all the unexpected things that can happen to you at work. I have hurt myself at work before, and I appreciated that the company covered the medical bills. While I understand why some will choose the independent contractor role, I would prefer not to be my own boss.
References
Moran, J. J. (2014). Employment law: new challenges in the business environment (6th ed.). Boston: Pearson.
Nisnik, J. S. (2024). Pros and Cons of Working as an Independent Contractor. Retrieved January 14, 2025, from thebalancemoney.com
l
**ML:** Benefits and Negatives of Being an "Employee" and "Independent Contractor"
In today’s business landscape, organizations have numerous options when it comes to how they hire and manage talent. The decision between hiring employees versus independent contractors can significantly impact both the employer and the worker. Below, I outline the benefits and negatives from the perspectives of both parties.
Benefits and Negatives of Being an Employee
From the Employer's Perspective
Benefits:
Control and Stability: Employers have more control over employees' work schedules, responsibilities, and methods. Employees are typically a long-term investment, which provides the employer with a stable workforce (Moran, 2014).
Loyalty and Commitment: Employees are generally more loyal and committed to the company's mission, as they are tied to long-term employment (Moran, 2014).
Integration and Culture: Employees are easier to integrate into the company culture, and their long-term presence fosters a cohesive workplace environment.
Negatives:
Costs: Employers must provide benefits such as health insurance, retirement plans, paid leave, and other compensations, which can be expensive (Moran, 2014).
Regulatory Burden: Employers face complex labor laws, including minimum wage, overtime regulations, and workers' compensation, which can lead to additional administrative work and legal exposure.
Limited Flexibility: Firing or laying off employees can be difficult due to employment laws, which provide significant job security to workers.
From the Employee's Perspective
Benefits:
Job Security: Employees often enjoy more job security and consistency in terms of pay, benefits, and working hours.
Benefits Packages: Employees typically receive health benefits, paid time off, retirement plans, and other perks (Moran, 2014).
Training and Development: Employers tend to invest in the professional growth and development of employees through ongoing training and educational programs.
Negatives:
Lack of Flexibility: Employees often have less control over their working hours, and may be required to follow company protocols that limit independence.
Limited Earnings Potential: Unlike independent contractors, employees usually have a set salary or hourly wage and may have limited potential for income growth unless promoted.
Dependence on Employer: Employees are dependent on their employer for continued work, benefits, and compensation. If the company faces financial difficulty, employees may be laid off or have their hours reduced.
Benefits and Negatives of Being an Independent Contractor
From the Employer's Perspective
Benefits:
Cost Savings: Independent contractors are not entitled to benefits such as health insurance, retirement plans, or paid leave. This reduces overall employment costs (Moran, 2014).
Flexibility: Employers can hire contractors for specific tasks, making it easier to scale labor as needed, and eliminate the long-term commitment to a workforce.
Expertise: Contractors bring specialized skills for a short period of time, which can be beneficial for specific projects (Moran, 2014).
Negatives:
Limited Control: Employers have less control over contractors' work schedules and methods, which can make it difficult to ensure alignment with company culture and procedures.
Potential for Misclassification: Misclassifying workers as independent contractors instead of employees can lead to legal issues, including fines and back pay for benefits and taxes.
From the Independent Contractor's Perspective
Benefits:
Flexibility: Contractors can set their own schedules and choose the projects they work on, offering more autonomy in their work life.
Higher Earning Potential: Independent contractors can charge higher rates for their services since they are not provided with benefits and are responsible for their own taxes (Moran, 2014).
Variety and Experience: Contractors often work on a variety of projects, allowing them to gain diverse experience and expand their skillset.
Negatives:
Lack of Benefits: Independent contractors do not receive health insurance, retirement benefits, paid time off, or other employment-related perks (Moran, 2014).
Income Instability: Contractors may experience periods of unemployment between contracts and face difficulty in ensuring a steady income.
Self-Employment Taxes: Contractors are responsible for paying their own self-employment taxes, which can be a financial burden (Moran, 2014).
Employer Preference: Employee vs. Independent Contractor
If I were running a business, I’d rather hire employees than independent contractors, especially for roles that require consistency, long-term commitment, and teamwork. Employees help create stability and loyalty within the company, and they tend to align better with the business's values and goals (Moran, 2014). This is particularly important in a law firm where building strong client relationships and ensuring continuity are key to success. Employees are also easier to train and shape according to the firm’s standards, making them more effective team players who contribute to better collaboration and communication (Carmichael, 2023).
When deciding between hiring employees or contractors, I’d focus on the type of work. For tasks that require ongoing teamwork, deep client connections, and alignment with the firm's culture, I’d choose employees. However, for short-term projects or jobs requiring specialized skills, independent contractors might be the better fit. My decision would depend on factors like how long the work will last, the expertise needed, and how much control the firm needs over the work (Carmichael, 2023).
Worker Preference: Employee vs. Independent Contractor
From a worker’s point of view, I’d prefer being an employee over working as an independent contractor. The biggest reasons are job security, access to healthcare, and retirement benefits; things that are crucial for long-term financial stability (Bureau of Labor Statistics, 2020). Another major plus is the professional development opportunities that come with employer-provided training (Moran, 2014). While being an independent contractor can offer flexibility, I would value the steady paycheck and support that come with being an employee. In a field like law, where trust and lasting client relationships are important, the stability of full-time employment is even more valuable.
References:
Moran, J. J. (2014). Employment law: New challenges in the business environment (6th ed.). Pearson.
Bureau of Labor Statistics. (2020). "Employee Benefits in the United States—March 2020." U.S. Department of Labor. https://www.bls.gov/news.release/ebs2.nr0.htm
Carmichael, L. (2023). "The Pros and Cons of Hiring Independent Contractors vs. Employees." Forbes. https://www.forbes.com/sites/forbeshumanresourcescouncil/2023/06/12/the-pros-and-cons-of-hiring-independent-contractors-vs-employees
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**APA_RequiredCoverPage_and_Template_7thed4.docx**
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**## GradDiscussionRubric.pdf**
TCOB Graduate Studies Discussion Rubric
Criteria No Submission
0 points
Novice
(Criterion is missing or not
in evidence)
1-13 points
Basic
(works towards meeting
expectations;
performance needs
improvement)
14-16 points
Proficient
(meets expectations;
performance is satisfactory)
17-18 points
Exemplary
(exceeds expectations;
performance is outstanding)
19-20 points
Support of
Week's Reading
No Student
Submission
(0 points)
Does not refer to the
readings to support postings
(1-13 points)
Alludes to the readings
to support postings
(14-16 points)
Refers to examples from the
readings to support postings
(17-18 points)
Provides concrete examples from
the readings to support postings;
integrates prior readings in
postings
(19-20 points)
Observations No Student
Submission
(0 points)
Does not integrate personal
observations or knowledge;
does not present new
observations
(1-13 points)
Integrates personal
observations and
knowledge in a cursory
manner; does not
present new
observations
(14-16 points)
Integrates personal
observations and knowledge
in an accurate way; presents
new observations
(17-18 points)
Integrates personal observations
and knowledge in an accurate and
highly insightful way; presents
new observations
(19-20 points)
Response to
Classmates
No Student
Submission
(0 points)
Responds in a cursory
manner to classmates’
postings
(1-13 points)
Constructively responds
to classmates’ postings
(14-16 points)
Constructively responds to
classmates’ postings; offers
insight that encourages other
students to think critically
about their own work.
(17-18 points)
Constructively responds to
classmates’ postings; masterfully
connects the material presented
in classmates’ postings to their
responses; encourages classmates
to think critically about their own
work.
(19-20 points)
Organization,
Word Choice,
and Sentence
Structure
No Student
Submission
(0 points)
Posts are disorganized and
information is not presented
in a logical sequence; word
choice and sentence
structure are not suitable
(1-13 points)
Posts are somewhat
disorganized, and
information is not
presented in a logical
sequence; word choice
and sentence structure
are not suitable
(14-16 points)
Posts are organized, and
information is presented in a
logical sequence; word
choice and sentence
structure are suitable; there
are a few errors; however,
errors do not affect
readability.
(17-18 points)
Posts are organized and
information is presented in a
logical sequence; word choice and
sentence structure are suitable;
no errors in the response.
(19-20 points)
References No Student
Submission
(0 points)
Includes no sources to
support conclusions
(1-13 points)
Includes 1 outside
source to support and
enrich the discussion;
Includes 2 or more outside
sources to support and
enrich the discussion;
sources are properly cited in
Includes 2 or more outside
sources to support and enrich the
discussion; sources are cited using
APA format; style guidelines are
TCOB Graduate Studies Discussion Rubric
sources are not properly
cited in APA format
(14-16 points)
APA format and are properly
integrated into the discussion
response
(17-18 points)
masterfully integrated into the
discussion response.
(19-20 points)
**## DiscussionWeek154525HRA.docx**
**Assignments 1A and 1B. Below.**
**1A. Please respond to the discussion question below using and citing scholarly references in APA format AND text author reference:** Moran, J. J. (2014). Employment law: new challenges in the business environment (6th ed.). Boston: Pearson.
**Employer-Employee Relationships**
In today's business world, being an employee is not the only way someone can be hired to carry out work. The traditional employee with graded pay scales, benefits packages, and other employment participation may not represent the best format for the company or the worker. The category of "independent contractor" is only one option. Outsourcing, temporary agencies, and consultants represent options that bring many cost-saving elements to the table. For example, there are clear cost benefits, such as no pension, no health benefits, and no long-term employment commitment to the individual hired under these titles. Cite one or more Internet sources in your initial response.
List the benefits and negatives of being an "employee" from the viewpoint of both the employer and the employee. What are the benefits and negatives of being an "independent contractor" from the viewpoints of both the employer and the employee?
If you were an employer, would you prefer to employ workers designated as employees or independent contractors? Why? How would you make such designations?
Would you prefer the "employee" or the "independent contractor" designation as a worker? Why?
\*\*\******************************************************************************
**1B.) **Please respond to the 2 peers' questions** using the above discussion info regarding the Employer-Employer Relationship:
**Cite 2 additional scholarly references in APA format** **JC.** First, as Moran (2014) explains, the employment relationship is a contract between an employer and a worker in which the worker is considered either an employee or an independent contractor for direct benefits like compensation, rights against harassment, balancing the family, requested leaves, compensation after involuntary layoffs, unemployment insurance salary, and rights against discrimination.
Employers may choose to use the services of independent contractors for several reasons, including the contractor not being paid vacation, sick pay, personal days, or any life, health, or unemployment insurance benefits. Furthermore, there is no expectation of pension benefits; workers' compensation claims cannot be brought; Social Security and other taxes are not taken out; there are no prevailing wage concerns, no limitation on work time as well as no overtime; and liability of an independent contractor artfully causing the injury or the damage is low or non-existent (Moran, 2014).
On the other hand, these same factors come into play from the employee's perspective. While I understand why some would choose the role of an independent contractor, one benefit is being your own boss and working as much as you want. As Nisnik (2024) states, employers are willing to pay independent contractors more than their staff because they don't have to deal with such things as long-term commitments at a high price or health benefits and employment compensation, Social Security taxes, and Medicare taxes that expensively drive up costs.
Finally, as an employer, I would hire independent contractors because I do not have to provide benefits that would save the company money. However, as an employee, I prefer not to be an independent contractor. I have been in the workplace for decades and am well-versed in all the unexpected things that can happen to you at work. I have hurt myself at work before, and I appreciated that the company covered the medical bills. While I understand why some will choose the independent contractor role, I would prefer not to be my own boss.
References
Moran, J. J. (2014). Employment law: new challenges in the business environment (6th ed.). Boston: Pearson.
Nisnik, J. S. (2024). Pros and Cons of Working as an Independent Contractor. Retrieved January 14, 2025, from thebalancemoney.com
l
**ML:** Benefits and Negatives of Being an "Employee" and "Independent Contractor"
In today’s business landscape, organizations have numerous options when it comes to how they hire and manage talent. The decision between hiring employees versus independent contractors can significantly impact both the employer and the worker. Below, I outline the benefits and negatives from the perspectives of both parties.
Benefits and Negatives of Being an Employee
From the Employer's Perspective
Benefits:
Control and Stability: Employers have more control over employees' work schedules, responsibilities, and methods. Employees are typically a long-term investment, which provides the employer with a stable workforce (Moran, 2014).
Loyalty and Commitment: Employees are generally more loyal and committed to the company's mission, as they are tied to long-term employment (Moran, 2014).
Integration and Culture: Employees are easier to integrate into the company culture, and their long-term presence fosters a cohesive workplace environment.
Negatives:
Costs: Employers must provide benefits such as health insurance, retirement plans, paid leave, and other compensations, which can be expensive (Moran, 2014).
Regulatory Burden: Employers face complex labor laws, including minimum wage, overtime regulations, and workers' compensation, which can lead to additional administrative work and legal exposure.
Limited Flexibility: Firing or laying off employees can be difficult due to employment laws, which provide significant job security to workers.
From the Employee's Perspective
Benefits:
Job Security: Employees often enjoy more job security and consistency in terms of pay, benefits, and working hours.
Benefits Packages: Employees typically receive health benefits, paid time off, retirement plans, and other perks (Moran, 2014).
Training and Development: Employers tend to invest in the professional growth and development of employees through ongoing training and educational programs.
Negatives:
Lack of Flexibility: Employees often have less control over their working hours, and may be required to follow company protocols that limit independence.
Limited Earnings Potential: Unlike independent contractors, employees usually have a set salary or hourly wage and may have limited potential for income growth unless promoted.
Dependence on Employer: Employees are dependent on their employer for continued work, benefits, and compensation. If the company faces financial difficulty, employees may be laid off or have their hours reduced.
Benefits and Negatives of Being an Independent Contractor
From the Employer's Perspective
Benefits:
Cost Savings: Independent contractors are not entitled to benefits such as health insurance, retirement plans, or paid leave. This reduces overall employment costs (Moran, 2014).
Flexibility: Employers can hire contractors for specific tasks, making it easier to scale labor as needed, and eliminate the long-term commitment to a workforce.
Expertise: Contractors bring specialized skills for a short period of time, which can be beneficial for specific projects (Moran, 2014).
Negatives:
Limited Control: Employers have less control over contractors' work schedules and methods, which can make it difficult to ensure alignment with company culture and procedures.
Potential for Misclassification: Misclassifying workers as independent contractors instead of employees can lead to legal issues, including fines and back pay for benefits and taxes.
From the Independent Contractor's Perspective
Benefits:
Flexibility: Contractors can set their own schedules and choose the projects they work on, offering more autonomy in their work life.
Higher Earning Potential: Independent contractors can charge higher rates for their services since they are not provided with benefits and are responsible for their own taxes (Moran, 2014).
Variety and Experience: Contractors often work on a variety of projects, allowing them to gain diverse experience and expand their skillset.
Negatives:
Lack of Benefits: Independent contractors do not receive health insurance, retirement benefits, paid time off, or other employment-related perks (Moran, 2014).
Income Instability: Contractors may experience periods of unemployment between contracts and face difficulty in ensuring a steady income.
Self-Employment Taxes: Contractors are responsible for paying their own self-employment taxes, which can be a financial burden (Moran, 2014).
Employer Preference: Employee vs. Independent Contractor
If I were running a business, I’d rather hire employees than independent contractors, especially for roles that require consistency, long-term commitment, and teamwork. Employees help create stability and loyalty within the company, and they tend to align better with the business's values and goals (Moran, 2014). This is particularly important in a law firm where building strong client relationships and ensuring continuity are key to success. Employees are also easier to train and shape according to the firm’s standards, making them more effective team players who contribute to better collaboration and communication (Carmichael, 2023).
When deciding between hiring employees or contractors, I’d focus on the type of work. For tasks that require ongoing teamwork, deep client connections, and alignment with the firm's culture, I’d choose employees. However, for short-term projects or jobs requiring specialized skills, independent contractors might be the better fit. My decision would depend on factors like how long the work will last, the expertise needed, and how much control the firm needs over the work (Carmichael, 2023).
Worker Preference: Employee vs. Independent Contractor
From a worker’s point of view, I’d prefer being an employee over working as an independent contractor. The biggest reasons are job security, access to healthcare, and retirement benefits; things that are crucial for long-term financial stability (Bureau of Labor Statistics, 2020). Another major plus is the professional development opportunities that come with employer-provided training (Moran, 2014). While being an independent contractor can offer flexibility, I would value the steady paycheck and support that come with being an employee. In a field like law, where trust and lasting client relationships are important, the stability of full-time employment is even more valuable.
References:
Moran, J. J. (2014). Employment law: New challenges in the business environment (6th ed.). Pearson.
Bureau of Labor Statistics. (2020). "Employee Benefits in the United States—March 2020." U.S. Department of Labor. https://www.bls.gov/news.release/ebs2.nr0.htm
Carmichael, L. (2023). "The Pros and Cons of Hiring Independent Contractors vs. Employees." Forbes. https://www.forbes.com/sites/forbeshumanresourcescouncil/2023/06/12/the-pros-and-cons-of-hiring-independent-contractors-vs-employees
**APA_RequiredCoverPage_and_Template_7thed4.docx**
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**## GradDiscussionRubric.pdf**
TCOB Graduate Studies Discussion Rubric
Criteria No Submission
0 points
Novice
(Criterion is missing or not
in evidence)
1-13 points
Basic
(works towards meeting
expectations;
performance needs
improvement)
14-16 points
Proficient
(meets expectations;
performance is satisfactory)
17-18 points
Exemplary
(exceeds expectations;
performance is outstanding)
19-20 points
Support of
Week's Reading
No Student
Submission
(0 points)
Does not refer to the
readings to support postings
(1-13 points)
Alludes to the readings
to support postings
(14-16 points)
Refers to examples from the
readings to support postings
(17-18 points)
Provides concrete examples from
the readings to support postings;
integrates prior readings in
postings
(19-20 points)
Observations No Student
Submission
(0 points)
Does not integrate personal
observations or knowledge;
does not present new
observations
(1-13 points)
Integrates personal
observations and
knowledge in a cursory
manner; does not
present new
observations
(14-16 points)
Integrates personal
observations and knowledge
in an accurate way; presents
new observations
(17-18 points)
Integrates personal observations
and knowledge in an accurate and
highly insightful way; presents
new observations
(19-20 points)
Response to
Classmates
No Student
Submission
(0 points)
Responds in a cursory
manner to classmates’
postings
(1-13 points)
Constructively responds
to classmates’ postings
(14-16 points)
Constructively responds to
classmates’ postings; offers
insight that encourages other
students to think critically
about their own work.
(17-18 points)
Constructively responds to
classmates’ postings; masterfully
connects the material presented
in classmates’ postings to their
responses; encourages classmates
to think critically about their own
work.
(19-20 points)
Organization,
Word Choice,
and Sentence
Structure
No Student
Submission
(0 points)
Posts are disorganized and
information is not presented
in a logical sequence; word
choice and sentence
structure are not suitable
(1-13 points)
Posts are somewhat
disorganized, and
information is not
presented in a logical
sequence; word choice
and sentence structure
are not suitable
(14-16 points)
Posts are organized, and
information is presented in a
logical sequence; word
choice and sentence
structure are suitable; there
are a few errors; however,
errors do not affect
readability.
(17-18 points)
Posts are organized and
information is presented in a
logical sequence; word choice and
sentence structure are suitable;
no errors in the response.
(19-20 points)
References No Student
Submission
(0 points)
Includes no sources to
support conclusions
(1-13 points)
Includes 1 outside
source to support and
enrich the discussion;
Includes 2 or more outside
sources to support and
enrich the discussion;
sources are properly cited in
Includes 2 or more outside
sources to support and enrich the
discussion; sources are cited using
APA format; style guidelines are
TCOB Graduate Studies Discussion Rubric
sources are not properly
cited in APA format
(14-16 points)
APA format and are properly
integrated into the discussion
response
(17-18 points)
masterfully integrated into the
discussion response.
(19-20 points)
**## DiscussionWeek154525HRA.docx**
**Assignments 1A and 1B. Below.**
**1A. Please respond to the discussion question below using and citing scholarly references in APA format AND text author reference:** Moran, J. J. (2014). Employment law: new challenges in the business environment (6th ed.). Boston: Pearson.
**Employer-Employee Relationships**
In today's business world, being an employee is not the only way someone can be hired to carry out work. The traditional employee with graded pay scales, benefits packages, and other employment participation may not represent the best format for the company or the worker. The category of "independent contractor" is only one option. Outsourcing, temporary agencies, and consultants represent options that bring many cost-saving elements to the table. For example, there are clear cost benefits, such as no pension, no health benefits, and no long-term employment commitment to the individual hired under these titles. Cite one or more Internet sources in your initial response.
List the benefits and negatives of being an "employee" from the viewpoint of both the employer and the employee. What are the benefits and negatives of being an "independent contractor" from the viewpoints of both the employer and the employee?
If you were an employer, would you prefer to employ workers designated as employees or independent contractors? Why? How would you make such designations?
Would you prefer the "employee" or the "independent contractor" designation as a worker? Why?
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**1B.) **Please respond to the 2 peers' questions** using the above discussion info regarding the Employer-Employer Relationship:
**Cite 2 additional scholarly references in APA format** **JC.** First, as Moran (2014) explains, the employment relationship is a contract between an employer and a worker in which the worker is considered either an employee or an independent contractor for direct benefits like compensation, rights against harassment, balancing the family, requested leaves, compensation after involuntary layoffs, unemployment insurance salary, and rights against discrimination.
Employers may choose to use the services of independent contractors for several reasons, including the contractor not being paid vacation, sick pay, personal days, or any life, health, or unemployment insurance benefits. Furthermore, there is no expectation of pension benefits; workers' compensation claims cannot be brought; Social Security and other taxes are not taken out; there are no prevailing wage concerns, no limitation on work time as well as no overtime; and liability of an independent contractor artfully causing the injury or the damage is low or non-existent (Moran, 2014).
On the other hand, these same factors come into play from the employee's perspective. While I understand why some would choose the role of an independent contractor, one benefit is being your own boss and working as much as you want. As Nisnik (2024) states, employers are willing to pay independent contractors more than their staff because they don't have to deal with such things as long-term commitments at a high price or health benefits and employment compensation, Social Security taxes, and Medicare taxes that expensively drive up costs.
Finally, as an employer, I would hire independent contractors because I do not have to provide benefits that would save the company money. However, as an employee, I prefer not to be an independent contractor. I have been in the workplace for decades and am well-versed in all the unexpected things that can happen to you at work. I have hurt myself at work before, and I appreciated that the company covered the medical bills. While I understand why some will choose the independent contractor role, I would prefer not to be my own boss.
References
Moran, J. J. (2014). Employment law: new challenges in the business environment (6th ed.). Boston: Pearson.
Nisnik, J. S. (2024). Pros and Cons of Working as an Independent Contractor. Retrieved January 14, 2025, from thebalancemoney.com
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**ML:** Benefits and Negatives of Being an "Employee" and "Independent Contractor"
In today’s business landscape, organizations have numerous options when it comes to how they hire and manage talent. The decision between hiring employees versus independent contractors can significantly impact both the employer and the worker. Below, I outline the benefits and negatives from the perspectives of both parties.
Benefits and Negatives of Being an Employee
From the Employer's Perspective
Benefits:
Control and Stability: Employers have more control over employees' work schedules, responsibilities, and methods. Employees are typically a long-term investment, which provides the employer with a stable workforce (Moran, 2014).
Loyalty and Commitment: Employees are generally more loyal and committed to the company's mission, as they are tied to long-term employment (Moran, 2014).
Integration and Culture: Employees are easier to integrate into the company culture, and their long-term presence fosters a cohesive workplace environment.
Negatives:
Costs: Employers must provide benefits such as health insurance, retirement plans, paid leave, and other compensations, which can be expensive (Moran, 2014).
Regulatory Burden: Employers face complex labor laws, including minimum wage, overtime regulations, and workers' compensation, which can lead to additional administrative work and legal exposure.
Limited Flexibility: Firing or laying off employees can be difficult due to employment laws, which provide significant job security to workers.
From the Employee's Perspective
Benefits:
Job Security: Employees often enjoy more job security and consistency in terms of pay, benefits, and working hours.
Benefits Packages: Employees typically receive health benefits, paid time off, retirement plans, and other perks (Moran, 2014).
Training and Development: Employers tend to invest in the professional growth and development of employees through ongoing training and educational programs.
Negatives:
Lack of Flexibility: Employees often have less control over their working hours, and may be required to follow company protocols that limit independence.
Limited Earnings Potential: Unlike independent contractors, employees usually have a set salary or hourly wage and may have limited potential for income growth unless promoted.
Dependence on Employer: Employees are dependent on their employer for continued work, benefits, and compensation. If the company faces financial difficulty, employees may be laid off or have their hours reduced.
Benefits and Negatives of Being an Independent Contractor
From the Employer's Perspective
Benefits:
Cost Savings: Independent contractors are not entitled to benefits such as health insurance, retirement plans, or paid leave. This reduces overall employment costs (Moran, 2014).
Flexibility: Employers can hire contractors for specific tasks, making it easier to scale labor as needed, and eliminate the long-term commitment to a workforce.
Expertise: Contractors bring specialized skills for a short period of time, which can be beneficial for specific projects (Moran, 2014).
Negatives:
Limited Control: Employers have less control over contractors' work schedules and methods, which can make it difficult to ensure alignment with company culture and procedures.
Potential for Misclassification: Misclassifying workers as independent contractors instead of employees can lead to legal issues, including fines and back pay for benefits and taxes.
From the Independent Contractor's Perspective
Benefits:
Flexibility: Contractors can set their own schedules and choose the projects they work on, offering more autonomy in their work life.
Higher Earning Potential: Independent contractors can charge higher rates for their services since they are not provided with benefits and are responsible for their own taxes (Moran, 2014).
Variety and Experience: Contractors often work on a variety of projects, allowing them to gain diverse experience and expand their skillset.
Negatives:
Lack of Benefits: Independent contractors do not receive health insurance, retirement benefits, paid time off, or other employment-related perks (Moran, 2014).
Income Instability: Contractors may experience periods of unemployment between contracts and face difficulty in ensuring a steady income.
Self-Employment Taxes: Contractors are responsible for paying their own self-employment taxes, which can be a financial burden (Moran, 2014).
Employer Preference: Employee vs. Independent Contractor
If I were running a business, I’d rather hire employees than independent contractors, especially for roles that require consistency, long-term commitment, and teamwork. Employees help create stability and loyalty within the company, and they tend to align better with the business's values and goals (Moran, 2014). This is particularly important in a law firm where building strong client relationships and ensuring continuity are key to success. Employees are also easier to train and shape according to the firm’s standards, making them more effective team players who contribute to better collaboration and communication (Carmichael, 2023).
When deciding between hiring employees or contractors, I’d focus on the type of work. For tasks that require ongoing teamwork, deep client connections, and alignment with the firm's culture, I’d choose employees. However, for short-term projects or jobs requiring specialized skills, independent contractors might be the better fit. My decision would depend on factors like how long the work will last, the expertise needed, and how much control the firm needs over the work (Carmichael, 2023).
Worker Preference: Employee vs. Independent Contractor
From a worker’s point of view, I’d prefer being an employee over working as an independent contractor. The biggest reasons are job security, access to healthcare, and retirement benefits; things that are crucial for long-term financial stability (Bureau of Labor Statistics, 2020). Another major plus is the professional development opportunities that come with employer-provided training (Moran, 2014). While being an independent contractor can offer flexibility, I would value the steady paycheck and support that come with being an employee. In a field like law, where trust and lasting client relationships are important, the stability of full-time employment is even more valuable.
References:
Moran, J. J. (2014). Employment law: New challenges in the business environment (6th ed.). Pearson.
Bureau of Labor Statistics. (2020). "Employee Benefits in the United States—March 2020." U.S. Department of Labor. https://www.bls.gov/news.release/ebs2.nr0.htm
Carmichael, L. (2023). "The Pros and Cons of Hiring Independent Contractors vs. Employees." Forbes. https://www.forbes.com/sites/forbeshumanresourcescouncil/2023/06/12/the-pros-and-cons-of-hiring-independent-contractors-vs-employees
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