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Doorman gets second chance to prove he is an employee of bar
In Louisiana, the essence of an employer-employee relationship is the right to control.
Case name: Theodore v. Krazy Korner, No. 2012-CA-0173 (La. Ct. App. 05/23/12). Ruling: The Louisiana Court of Appeal reversed a grant of summary judgment to a bar on a doorman's claim for benefits.
Summary: A doorman at a bar claimed that he was injured when he picked up a patron and removed him from a stage where a band was playing. He sought benefits. The bar claimed that the doorman was an independent contractor and not entitled to workers' compensation benefits. The bar's manager stated that the doorman was not under the supervision and control of the bar because he determined the manner in which he performed his job. The manager said he was free to be employed elsewhere. The bar's payroll clerk said that the doorman signed numerous documents attesting to his status as an independent contractor. The doorman said the bar paid him an hourly wage, mandated his schedule, and instructed him on how to perform his job duties. The Louisiana Court of Appeal reversed a grant of summary judgment to the bar. The evidence regarding the doorman's employment status was conflicting, so the court remanded the case for a determination of whether he was an employee or an independent contractor. The bar claimed that the doorman signed a contract acknowledging that he was an independent contractor, did not receive benefits, and did not have taxes withheld. The doorman claimed that he was subject to termination and was terminated for failing to report to work while he was recuperating from his work-related injury. Read more at the WorkersComp Forum homepage. July 19, 2012 Copyright 2012© LRP Publications |
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