View attached explanation and answer. Let me know if you have any questions.
QUESTION 1
FACTS
Anthony Thom’s was hired to create a Jonathan Quick of Sun Vacations computer program. No
agreement on the ownership of rights to the program, called CRISOD, was discussed. Thom’s
mostly worked at the Sun Vacation office. He worked alone except for some systematic
instructions that Quick gave concerning what he wanted the program to look like. Thom’s
worked regular hours but was not always paid by the hour; he sometimes sent out invoices for
his work. Thom’s also never received any employee benefits, and taxes would not be reduced
from his payment. Quick cut Thom’s hours violating an oral agreement they had made, Thom’s
left Sun Vacations. Thom’s then demands compensation from Sun Vacation for the use of
CRISOD, and Quick refuses. Quick also refuses to pay Thom’s wages of $14,560 unless he signs
a form releasing the rights in CRISOD. Thom’s sues Quick and Sun Vacations for copyright
infringement.
ISSUE
Was Thom’s an independent contractor of Sun Vacation, or was he an employee?
RULE
An independent contractor works on behalf of the principal but is independent of the principal’s
control. An employee works on behalf of the principal but is under the power of the principal.
The principal has total control over the employee, including the place of work, the hours of
work, and the exact manner in which an employee undertakes a task assigned to them. An
independent contract…
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