(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
2. Type of Business and SMYTHE’s Role in the Business
The Restatement (2d) sets forth several factors with overlapping analyses under the present facts, including (b) whether or not the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision; (d) the skill required in the particular occupation; (h) whether or not the work is part of the regular business of the employer; and (j) whether the principal is or is not in business. Therefore, these will be addressed together.
ABC is a business which provides manufacturing and software solutions for a variety of industries. It employs programmers to develop software. (See Fact No. 17) The organizational structure had a Board of Directors at the top, followed by Victoria Chan, the CEO, followed by Smythe, who was the “acting” president. (See Fact No. 18) Smythe and four others reported to Chan. (See Fact No. 19) Smythe also had authority over four other employees in the company. (See Fact No. 19)
Smythe was given the title of president and was authorized to introduce herself to others as president. (See Fact No.20) Victoria Chan introduced Smythe to customers, potential customers and employees as the president of the company. (See Fact No. 21) Business cards that were in the process of being ordered at the time of the accident, but were never printed, identified Smyhte as the President and Chief Operating Officer. (See Fact No. 22)
Smythe acted in every capacity as the president of the company and had the role and responsibility of president. (See Fact No. 24) Chan and Smythe put together a proposal for the Board that reflected a long-term employment with Smythe as a salaried employee, and though the Board had not approved the proposal, she had already transitioned to that role. (See Fact No. 25) (See Part 8 of 14.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.