Public company that oversees 7 newspapers across the United States

 

 

Johanna applied for a job with Freedonia Publishing, a public company that oversees 7 newspapers across the United States. Upon receiving her job, Freedonia Publishing assigned her to a small newspaper in Plainview called The Town Times. Freedonia Publishing set Johanna’s salary, gave her a job description, provided her with housing and was solely responsible for all hiring and firing at The Town Times. The Town Times set her hours and oversaw her work product and The Town Times logo appeared on her paycheck.

The Town Times has 4 full time employees including Johanna. On occasion, Johanna’s husband, Emil, would fill in with some of the accounting work and with filing The Town Time taxes. Emil was never paid for this work.

Johanna moved to Plainview and happily worked at The Town Times for 3 years before getting her hand stuck in the printing machine. Johanna sues The Town Times for worker’s compensation. The town of Freedonia requires an employer to have 5 employees in order to be responsible for workers’ compensation. The Town Times states that it is not responsible for paying workers’ compensation. Is The Town Times correct? Please explain your answer.

Sample Solution

The Town Times is not correct. They are responsible for paying Johanna worker’s compensation.

The factors that you have mentioned point to the fact that Johanna is an employee of Freedonia Publishing, not The Town Times. Freedonia Publishing is the one who set Johanna’s salary, gave her a job description, provided her with housing, and was solely responsible for all hiring and firing at The Town Times. The Town Times simply set her hours and oversaw her work product.

The fact that The Town Times logo appeared on Johanna’s paycheck is not a significant factor. Many employers use the name of their subsidiary or affiliate on their employees’ paychecks, even if the employee is not technically an employee of that subsidiary or affiliate.

The fact that Johanna’s husband, Emil, would fill in with some of the accounting work and with filing The Town Times taxes is also not a significant factor. This does not mean that Johanna is not an employee of Freedonia Publishing. It simply means that Emil is also an employee of Freedonia Publishing.

The town of Freedonia’s requirement that an employer have 5 employees in order to be responsible for workers’ compensation is irrelevant in this case. The fact is that Johanna is an employee of Freedonia Publishing, and Freedonia Publishing is responsible for paying her worker’s compensation.

I hope this helps!

Here are some additional things to consider:

  • The fact that Johanna was injured while working at The Town Times is also a strong indication that she is an employee of Freedonia Publishing. If she were an independent contractor, she would be responsible for her own injuries.
  • The fact that Freedonia Publishing has 7 newspapers across the United States suggests that they have the resources to pay for worker’s compensation. This is another factor that suggests that they are the ones responsible for paying Johanna’s worker’s compensation.

If Johanna is successful in her lawsuit, she will be entitled to receive worker’s compensation benefits. These benefits can include medical expenses, lost wages, and disability benefits. The amount of benefits that Johanna receives will depend on the severity of her injury and her lost wages.

I hope this helps! Let me know if you have any other questions.

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