- 11 - 3. Opportunity for Profit or Loss Respondent argues that Smith and Mawson had no opportunity for profit or loss beyond the $10 per hour that they earned for work completed. Petitioner claims, without reason and contrary to authority, that this factor is irrelevant to the analysis. Because Smith and Mawson did not have an opportunity for profit from petitioner’s law practice and because they were not at risk for loss, this factor weighs in favor of an employer-employee relationship. See, e.g., Weber v. Commissioner, supra at 391. 4. Right To Discharge Respondent argues that petitioner had the right to discharge Smith or Mawson at any time. Petitioner argues without evidence, reason, or authority that Smith and Mawson could not be discharged for “the reasons usually associated with the firing of an employee”. The evidence shows that petitioner could discharge either Smith or Mawson at any time, consistent with employee status. 5. Integral Part of Business Respondent emphasizes that the activities completed by Smith and Mawson were all in relation to petitioner’s practice of law. Petitioner admits on brief that Smith and Mawson “performed work which was part of petitioner’s regular business”. He claims, however, that Smith and Mawson were also free to work for other people, complete school work, or handle family matters. Petitioner’s claim is irrelevant to the analysis and lacks merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011