Definition of Employee

Clackamas Gastroenterology Associates, P. C. v. Wells

The Court held that the common-law element of control is the principal guidepost to be followed in deciding whether the four director-shareholder physicians in this case should be counted as employees and listed six factors that are relevant to such a decision. "Because the District Court's findings appear to weigh in favor of concluding that the four physicians are not clinic employees, but evidence in the record may contradict those findings or support a contrary conclusion," the Court remanded the case for a determination under the new standard.

Employer Rehire Policy

Raytheon Co. v. Hernandez (2003)

The Court finds that under the Americans with Disabilities Act (ADA), a neutral no-rehire policy is a legitimate, non-discriminatory reason for refusing to hire an employee who had a record of drug addiction.