WITH ANSWERS.
How does the IRS decide a worker's status? - correct answer -1. Behavior
control
2. Financial control
3. Type of relationship
Behavioral control - correct answer -if employer trains and direct work,
including hours of work, what tools of equipment to be used, specific tasks to
be performed and how the work is done, worker is an employee
-if his or her own hours and work with little or no direction or training, he or
she is probably an independent contractor
Financial control - correct answer -how the worker is paid, whether the
working may work for others at the same time, whether worker can incur a
profit or loss
-worker is paid a salary is restricted from working for others and does not
participate in company profits or losses, is probably an employee
Type of Relationship - correct answer -presence of a specific contract may
indicate an independent contractor
-if the worker is entitled to benefits-> employee
,How can the above classification affect the associate dentist and his hiring
appointment at another dentist's office - correct answer - Independent
contractor: works for a dentist will have his own patients and will usually pay
either a percentage of his income to the dentist for use of the office, supplies, or
a flat rental rate
-usually supplies own assistant
Under Indiana employment at will common law when can an employee be
terminated by the employer and what are the possible exceptions - correct
answer -Employment at will: employers may discharge employees for any or
no reason and employees may quit employment the same way
Exceptions: filing a worker's comp claim, refusal to perform illegal act, serving
on an indiana jury
-exercising a statutorily conferred right (whistle blower)
-unionizing
-discrimination when protected
How can newspaper announcement of an assistant job opening at dental office
cause trouble for the dentist? - correct answer -any indication in ad working
that you are excluding a protected group, can get into trouble
-subject that is illegal to discuss in an interview also cannot be included into ad
What documentation is necessary before properly terminating the marginal
employee - correct answer -keep good records so you have evidence that will
allow you to terminate an employee and know that you are doing it in a lawful
manner
, -identify marginal employee and enforce applicable standards
-identify each infraction and communicate to employee
-indicate to employee what corrective action he can take to remedy the
situation and what will happen to him if he doe not correct his activities
-always be fair and consistent
Why should the dentist consider a collection agency before the dentists brings a
lawsuit to collect unpaid fees? - correct answer --
courts will take time and you do not want to waste it by bringing a suit if a
settlement is better
-filing a complaint with the court, you may force the patient to sue you for
malpractice (2 years is end of statute of limitations)
-a collection agency may shield you from the backlash of collections and
lawsuits
What are the disadvantages of filing a small claims suit? - correct answer --
force patient to sue for malpractice
-reaction of community
-trial takes time
-limits to $6000 ($8000 in marion county)
What is maximum dollar amount the plaintiff can recover in marion county
small claims - correct answer -$6000
$8000 in marion county