Jenny Fine Hired Samantha to Work Along with Her in Her

Jenny Fine hired Samantha to work along with her in her clothing store for six months. The written contract which Samantha signed stated that Samantha was an independent contractor. Three months after Samantha started working with Jenny their relationship deteriorated and Samantha insisted that that she was in fact an employee and entitled to all the benefits that law gives to employees. Jenny disagreed and said the contract clearly stated that she was an independent contractor. If Samantha sues Jenny with her respect to her employment status and entitlements, which of the following statements will best describe the legal position?

A) The court must respect the classification placed by the parties on their relationship as they have freedom of contract.
B) The court will conclude that Samantha is an independent contractor as she did not insist on any employment benefits at the start of the employment.
C) The label placed by the parties on their relationship will not be definitive and the court will use various legal tests to ascertain the true position.
D) The entire contact will be set aside where it is established that it is unfair to Samantha.
E) Since Jenny owned the store and Samantha must be an employee.