Nelson ovalles worked as a cable installer for cox rhode island telecom, llc, under an agreement with a third party, m& m communications, inc. the agreement stated that no employer-employee relationship existed between cox and m& m’s technicians, including ovalles. ovalles was required to designate his affiliation with cox on his work van, clothing, and identification badge, but cox had minimal conntact with him and limited power to control the manner in which he performed his duties. cox supplied cable wire and similar items, but the equipment was delivered to m& m, not to ovalles. on a workday, while ovalles was fulfilling a work order, his van rear ended a car driven by barbara cayer. is cox liable to cayer?
1. are independent contractors the same as employees? (yes or no)
2. what is the difference?
(answer option 1: unlike employee, those who hire independent contractors have no control over the details of their physical performance
answer option 2: unlike employees, workers who are independent contractors are typically paid more)
3. which type of control is more likely to classify a worker as an employee?
(answer option 1: when the employer can exercise considerable control over the details of the work
answer option 2: when the employer can exercise no control over the details of the work)
4. for whom did ovalles work as a cable installer?
(cox or m& m? )
5. the agreement stated that workers such as ovalles employees of cox.
(were or were not? )
6. do the terms of the agreement necessarily compel that ovalles was not an employee of cox?
(yes or no? )
7. did cox have substantial control over ovalles’s activities?
(yes or no? )
8. did cox have extensive conntact with ovalles?
(yes or no? )
9. who supplied cable wire and similar items to ovalles?
answer choices: a. cox directly b. cox but through m& m c. ovalles used his own
10. was ovalles’s work done under the employer’s direct direction or supervision?
(yes or no? )
11. a court would most likely find ovalles to be a(n) of cox.
(employee or independent contractor? )
12. assuming that ovalles is an independent contractor, would cox have to pay cayer’s medical bills?
(yes or no? )
13. why? an employer normally responsible for the actions of an independent contractor.
(is or is not? )
14. what if the facts were different? what if cox placed ovalles on strict limits on when, where, and how to install the cable, as well as directed ovalles where and when to obtain materials, how much to use, and how many jobs he could complete in a single day? would the results change?
(yes or no? )
15. why? cox would be over the details of ovalles’s work.
(substantial or little? )
16. the relationship would most likely be an relationship.
(independent contractor or employee? )