Background: To complete this project, you should apply the principles presented in your textbook. For your project, you’ll first complete some basic research from suggested websites.

Background:

To complete this project, you should apply the principles presented in your textbook. For your project, you’ll first complete some basic research from suggested websites. Then you’ll prepare a memorandum to your supervisor describing which form of business organization you feel would be best for your client. You’ll also make some suggestions about what the client’s independent contractor agreement needs to contain to be legally enforceable. Your supervisor for this project is the law partner in a small law firm representing a new client.

Procedure:

You’re going to prepare a written memorandum to your supervisor to assist him in preparing a presentation for a new business client. In addition to the information provided below, refer to the general information on business organizations and employer-independent contractor relationships in your textbook. You’ll also need to do some Internet research. Then write your memorandum.

Goal:

Your goal for this project is to complete a well-written memorandum to your supervisor to address two legal issues:

■ The appropriate form of business organization for your client’s business

■ Requirements for your client’s independent contractor agreement, to make sure it’s a legally enforceable independent contractor agreement and not viewed as an employment agreement

Remember not to use too much legalese in your memo.

You’re writing it to your supervisor, and you would expect him or her to have some knowledge of the subject matter. However, you must completely explain what the law is for each type of business organization you’re considering and the reasons you’ve selected one type of business organization as best for your client. The same complete explanation is required when discussing the issue of your client’s independent contractor agreement.

Writing Guidelines:

Use the writing guidelines to prepare your answers in wellorganized paragraphs.

1. Type your submission, double-spaced, in a standard print font, size 12. Use a standard document format with oneinch margins. (Don’t use any fancy or cursive fonts.)

2. Include the following information at the top of your submission: Name and address, student number, course title and number, and project number.

3. Read the assignment carefully and address the issues suggested.

4. Be specific. Limit your submission to the topics raised.

5. Include a reference page that lists Web sites, journals, or any other references used in preparing the submission. Remember, if you use someone’s words or ideas, you must cite them directly in your memo.

6. Proofread your work carefully. Check for correct spelling, grammar, punctuation, and capitalization.

For this project, please use the following format for your legal memorandum:

To:

From:

Re:

Date:

Summary of Applicable Facts:

Issues:

Law:

Analysis:

The following is a breakdown of how your project will be graded:

Content 70%

Written Communication 25%

Format 5%

Here’s a brief explanation of each of these criteria.

Content

The student provides a clear discussion of the assigned topic or issue; addresses the subject in complete sentences; supports his or her opinion by citing specific information from the text, assigned websites, and other sources; stays focused on the assigned issues; writes in his or her own words; and uses quotation marks to indicate direct quotations.

Written Communication

The student includes an introduction, analysis, and conclusion supporting his or her positions; uses correct grammar, spelling, punctuation, and sentence structure; provides clear organization; and makes sure the paper contains no typographical errors. Format The student has double-spaced and typed the paper in font size 12, used the correct memorandum format provided in the instructions, and includes his or her name, address, student number, course title and number, and assignment number.

The Project

MEMORANDUM

To: Student

From: Supervisor

Re: New Client, Career Institute of America, Inc. (CIA)

Date: December 6, 20—

FACTS: We have just met a new client, the CEO of Career Institute of America, Inc. (CIA). Although the business was formed a year ago as a nonprofit corporation, they’re not sure they’re happy being a nonprofit.

CIA is a classroom and online education organization that specializes in training students in the United States auto industry, one of this country’s largest industries. Their founder, who also serves as the CEO of CIA, would like to retain most of the ownership and control of the company, since it is really his enterprise. He also has some concerns about the independent contractor agreement their instructors must sign when they agree to work for the company. He wants to be sure they’re not construed as employees of the company and are viewed as true independent contractors.