According to the Lectric Law Library (1995), classifying worker as either independent contractor or employee is determined by some factors. First, consider who exercises the right to control the work between the two. Second, identify who provides the tools in order to accomplish the work. And lastly, by determining the extent of the work relationship would establish whether the employer is working with an employee or an independent contractor. A general rule when working with an independent contractor is that the employer only has the right to control the results of the work and not the specific means that would get the work done.
The independent contractor has the total control over his work therefore any conflicts that would arise would not be a responsibility of the employer. So from the situation, Grief would not to be held liable for the actions of Youngstown Security Patrol, Inc. (YSP) if the general rule would be followed as for the company’s defense. Though, according to Powers (1997), there are few exceptions to the general rule. The employer could still be held liable for its independent contractor’s negligence if the employer had been careless of not investigating the capacity and competency of the contractor before hiring their services.
Grief hadn’t conducted an investigation regarding the legality of the YSP’s employees to carry firearms. And with the negligence committed by the YSP that had resulted to a third party being harmed, Grief is clearly held liable. . References Lectric Law Library. (1995). Independent Contractor. Retrieved May 31, 2010, from http://www. lectlaw. com/def/i028. htm Powers, D. M. (1997). Contractor liabilities – legal aspects of hiring independent contractor – includes sample contractor agreement – Industry Trend or Event. Home Office Computing, 5. Retrieved May 31, 2010 from BNET database.