Oregon Jury Instruction - 1.9.4.1 Employee Self-Employed Independent Contractor

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-9-4-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Oregon Jury Instruction — 1.9.4.1 Employee Self-Employed Independent Contractor, also known as OSI 1.9.4.1, is an instruction provided to the jury in legal cases concerning employment classification in the state of Oregon. It helps guide the jury in determining whether an individual should be classified as an employee, a self-employed individual, or an independent contractor. This instruction is crucial in cases where the classification of a worker has implications for their rights, benefits, and tax obligations. When it comes to types of Oregon Jury Instruction — 1.9.4.1 Employee Self-Employed Independent Contractor, the instructions may vary based on the specific circumstances of the case. However, some common factors considered in the instruction include: 1. Nature of the Work: This instruction helps the jury consider the nature of the work performed by the individual. It analyzes whether the work is an integral part of the employer's regular business activities or if it is an independent, separate operation. 2. Right to Control: The instruction examines the degree of control the employer has over the worker. It evaluates factors such as the employer's ability to hire or terminate the worker, set work hours, provide instructions, supervise the work, and evaluate the worker's performance. 3. Financial Considerations: This aspect of the instruction assesses the financial aspects of the working relationship. It looks into factors like how the worker is paid (hourly, salary, or project-based), who bears the cost of materials or equipment, the extent of the worker's investment, and the opportunity for profit or loss. 4. Parties' Intent and Agreements: OSI 1.9.4.1 addresses any agreements or contracts between the parties involved. It considers whether the parties intended to establish an employee-employer relationship or an independent contractor arrangement. 5. Custom and Practice: The instruction examines the customary practices within the industry or occupation to determine how workers in similar roles are typically classified. It is important to note that OSI 1.9.4.1 is just one component of the broader jury instructions used in employment classification cases. Other related instructions may cover factors such as the existence of a written contract, the worker's level of skill and specialization, the possibility of loss of clientele, and the worker's overall economic independence. Overall, Oregon Jury Instruction — 1.9.4.1 Employee Self-Employed Independent Contractor plays a pivotal role in helping the jury make an informed decision regarding the correct classification of a worker, which holds significant implications for both parties involved.