Question: Mike worked on a contract basis as an auto mechanic for customers of an auto repair shop. Whenever there was too much work for the

Mike worked on a contract basis as an auto mechanic for customers of an auto repair shop. Whenever there was too much work for the employees of the shop, Mike would be called in and assigned by the shop to do specific repairs on a particular vehicle. Mike's specialty was rebuilding engines, and the firm would often contact him to handle complex breakdowns for which they did not have sufficient time, since he worked much faster than the other mechanics at the shop. When the job was completed, he was paid on a commission basis as determined by the amount charged by the shop to the customer. This commission was established in advance in the contract Mike was offered when he accepted the position. During the time he was working, he was paid weekly, and was free to use the shop's garage, and also could use whatever equipment and supplies that were necessary to complete the job. In order to ensure a consistent quality among all of its workers as well as to ensure it complied with all the regulations that might be governed by the job, the firms head mechanic would check the car before the customer was called to pick it up. This process ensured that customers saw all of the shops workers and contractors as equivalent quality. Mike is laid off in the middle of a job, and he filed for unemployment compensation and claims that he was discriminately laid off. The shop defends the claim urging that hes not an employee, but rather an independent contractor. Discuss all claims and arguments in deciding if the worker is an employee or independent contractor

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