(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) First it should be noted that the application, evaluation and weighing of these factors cannot possibly be conducted without the court making factual determinations and weighing evidence, a process incompatible with…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Where the employee “is combining his own business with that of his master, or attending to both at substantially the same time, no nice inquiry will be made as to which…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 6. ABC had the Right to Terminate Smythe at Will One of the most critical factors has been determined to be the right of the employer to end the service of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 5. The Parties were Operating as Employer/Employee One of the factors to be evaluated is how the parties saw the nature of the relationship between them. Smythe had no doubt that…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) While it certainly may be true that outside consultants are sometimes hired on a project basis to fill a particular role that the company cannot fill in-house or to provide short-term…
(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…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) The employer’s control is the most important factor, and the others are to be considered “secondary elements.” Toyota, supra, 220 Cal.App.3d at 875; Isenberg v. California Emp. Stab. Com., (1947) 30…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 7. President Smythe’s job was not finished on July 17. Smythe intended to do some work for ABC on the morning of July 18, including checking e-mail and voicemail, doing follow-up,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) “Q. You had the right to direct Nancy Smythe in her work at ABC. True? A. Yes.” 2. An additional criteria creating an employer-employee relationship is the right to fire at…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 2. Even if an agreement appears unambiguous, the Court must consider extrinsic evidence disclosing a latent ambiguity. [Wolf v. Superior Court (2004) 114 CA4th 1343, 1351] 3. No weighing of evidence.…