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Old Thu Aug 27, 2009, 05:42am
Nevadaref Nevadaref is offline
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Join Date: Nov 2002
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Quote:
Originally Posted by Camron Rust View Post
Doesn't matter.

The real question is whether we should depend on her to tell her next employer (possibly a school system) about her conviction or whether her employer should do background checks.

What do you think her next victim's lawyer would say when they're suing the school for millions for negligence...since it was so easy to find out about her history...$millions that each of us will have to pay through higher taxes. The schools are protecting themselves as much as anything.
This is NOT an employer/employee relationship. The schools have gone out of their way over the past decade to declare sports officials to be independent contractors. This was clearly done to save money. The schools did not wish to pay for workmans comp if an official was injured during a game, pick up the insurance premiums for officials, provide any health benefits, send out W-2 forms, deal with state registration fees, etc.
This is a legal classification is a really big deal.

My opinion is that if they are going to dump all of these costs on the officials and claim that they are NOT their boss, then they do not have a right to certain information which an employer would.

If my state decides to force officials to submit to background checks, I will immediately contend that they are establishing an employer/employee relationship, and must remove sports officials from the independent contractor classification. We'll see how they like the consequences of that. I'm sure that the officials association could get a court hearing on that issue.
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