Employment Law, First Examination (Essay Essay Example | Topics and Well Written Essays - 750 words

Employment Law, First Examination ( - Essay Example To be noted, Momma Mia operates through a total of around 1000 employees, which is greater than the minimum required size to be classified as a Title VII included company, whereby the employees are protected under the provisions of the Civil Rights Act (US Equal Employment Opportunity Commission, â€Å"Title VII of the Civil Rights Act of 1964†). Security, Inc. However, in doing so, she will have to prove few elements, which will support her action of whistle blowing. Laws and elements that Jill needs to prove. In order to avail the benefits liable to her for whistle blowing against the sexual harassment she had to face in Momma Mia, Jill has to prove that she is an employee in the company and not an independent contractor by policy as was mentioned in her contract. In order to prove that she was an employee and correspondingly, justify the contractual term ‘independent contractor’ as void, Jill needs to satisfy the 6 silk criteria as was declared in accordance to the case of [Schultz v. Capital Intern. Security, Inc. No. 05-1192. 460 F.3d 595 (2006)] (Leagle, â€Å"Schultz v. Capital Intern†). ... o share the profit/loss of the company depending on their managerial skills, which signifies the second silk factor and hence should be proved by Jill to obtain the legitimate rights in the case. The third silk factor states than an independent contractor and not an employee will have rights to invest in the resources to make the work done in the best interest of the company. As Jill did not make any such investment and also because no such clause was mentioned in her contract, she can prove that was an employee in Momma Mia. However, a critical understanding to the factors depict that the fourth and the fifth silk factors do not clearly advocate in favor of Jill but also do not oblige Momma Mia to suffice the conditions required to prove Jill as an independent contractor to the company. In the sixth silk factor, Jill can prove the significance of her job role in the company as a public relations manager, which in turn would suffice her stance as an employee and not as an independent contractor to Momma Mia (Juffras, 2008). Jill can furthermore prove the selection process of the company, through which she was hired, as unjustifiable and irrelevant for the position on offer. In the selection process, the employers intended to select candidates on the basis of their physical appearances where the educational merits along with other professional skills commonly argued as mandatory for such a job role became decorative features. Additional preference to females rather than to males also indicates towards the fallacy of the selection process, which might turn the case in favor of Jill. Correspondingly, taking the advantage of the Equal Employment Opportunity Commission (EEOC), Jill can also file for privacy rights violation conducted by the employer in her interview