Raven sues WWE; Possible major problem for WWE

**Rob** · 08-13-2008, 09:08 PM

Let me just break down Bischoff's points Employee vs. Contractor:

1. Instructions

Employees comply with instructions about when, where, and how work is to be performed.
Contractors set their own hours and do the job in their own way.
WWE tells talent where to be, how to work, etc. Mark one in the Employee column.

2. Training

Employees are trained to perform services in a particular way. They are required to take correspondence courses and attend meetings. Other methods also indicate that the employer wants the services performed in a particular way.
Contractors use their own methods and receive no training from the purchaser of their services.
Probably even here. WWE provides meetings when they want but provide no real training other than developmental.

3. Integration

Services of an employee are merged into the business. Success and continuation of the business depends upon these services. The employer coordinates work with that of others.
The success and continuation of the business aren’t dependent on services provided by a contractor.
Definitely employee here. 2-0-1 so far

4. Services Rendered Personally
Services must be rendered personally. An employee does not engage other people to do the work.
Contractors are able to assign their own workers to do the job.
Doesn't apply

5. Hiring, Supervising, Paying
An employee hires, supervises and pays workers at the direction of the employer (i.e.: acts as foreman or representative of the employer).
Contractors hire, supervise and pay the other workers as the result of a contract. A contractor agrees to provide materials and labor and is responsible for the results.
Doesn't apply

6. Continuing Relationship
An employee continues to work for the same person year after year.
Contractors are hired to do one job. There is no continuous relationship.
Wrestlers aren't hired on a match by match basis so employees again

7. Set Hours of Work
The employer sets an employee’s hours and days.
Contractors are masters of their own time.
WWE sets everything. Employees again. 4-0-1 now

8. Full Time Required
An employee normally works full time for an employer.
Contractors are free to work when and for whom they choose.
Again employee 5-0-1

9. Doing Work on Employer’s Premises
Employees work on the premises of an employer; or on a route, or at a site, designated by the employer.
Contractors work off an employer’s premises and use their own offices, desks, and telephones.
6-0-1 now

10. Order or Sequence Set
An employee performs services in the order or sequence set by the employer. Salespersons report to the office at specified times, follow-up on leads, and perform certain tasks at certain times.

Services are performed at a contractor’s own pace. Salespersons work their own schedules and usually have their own offices.
Wrestlers perform to WWE demands. 7-0-1

11. Oral or Written Reports
Employees are required to submit regular oral or written reports to the employer.
Contractors submit no reports.
Not required in the job. 7-1-1

12. Payment by Hour, Week, Month
Employees are paid by the employer in regular amounts at stated intervals.
A contractor is paid by the job on a straight commission.
8-1-1. Wrestlers are paid at intervals.

13. Payment of Business and/or Travel Expenses
The employer pays employees’ business and/or travel expenses.
Contractors take care of their own expenses and are accountable only to themselves for expenses.
Wrestlers generally take care of most expenses but WWE does pick up the tab for certain talent or on tours. I'd call this one even 8-1-2

14. Furnishing of Tools, Materials
An employer furnishes tools, materials, etc.
Contractors furnish their own tools, etc.
N/A

15. Significant Investment
An employee has no significant investment in the facilities used to perform services.
A contractor has a real, essential and significant investment.
WWE provides ring and stage. 9-1-2

16. Realization of Profit or Loss
An employee cannot realize a profit or loss by making good or bad decisions.
Contractors can realize a profit or suffer a loss as a result of their services or decisions.
Wrestlers don't make their own decisions 10-1-2

17. Working for More than One Firm at a Time
An employee usually works for one employer at a time.
An independent contractor works for a number of persons or firms at the same time.
WWE has exclusive rights. I also pointed this out before but BDC shot it down. 11-1-2

18. Making Services Available to the General Public
An employee does not make services available to the general public.
Contractors have their own offices and assistants. The hold businesses licenses are listed in business directories, maintain business telephones, and otherwise generally make their services available to the public.
N/A

19. Right to Fire
An employee can be discharged at any time.
Contractors cannot be fired so long as product results meet contract specifications.
WWE regularly releases talent at random times. 12-1-2

20. Right to Quit
Employees can quit their jobs at any time without incurring liability.
Contractors agree to complete a specific job and are responsible for satisfactory completion; or they are legally obligated to make good for any failure.
Hard to call this one. Wrestlers can quit at anytime but generally have no complete clauses and are threatened with legal action. Hard to call so it's called even.

With that in mind, 12 out of 20 points are clear cut employee defined.

08-13-2008, 09:08 PM	#31
Rob Part time poster Posts: 22,963	Let me just break down Bischoff's points Employee vs. Contractor: 1. Instructions Employees comply with instructions about when, where, and how work is to be performed. Contractors set their own hours and do the job in their own way. WWE tells talent where to be, how to work, etc. Mark one in the Employee column. 2. Training Employees are trained to perform services in a particular way. They are required to take correspondence courses and attend meetings. Other methods also indicate that the employer wants the services performed in a particular way. Contractors use their own methods and receive no training from the purchaser of their services. Probably even here. WWE provides meetings when they want but provide no real training other than developmental. 3. Integration Services of an employee are merged into the business. Success and continuation of the business depends upon these services. The employer coordinates work with that of others. The success and continuation of the business aren’t dependent on services provided by a contractor. Definitely employee here. 2-0-1 so far 4. Services Rendered Personally Services must be rendered personally. An employee does not engage other people to do the work. Contractors are able to assign their own workers to do the job. Doesn't apply 5. Hiring, Supervising, Paying An employee hires, supervises and pays workers at the direction of the employer (i.e.: acts as foreman or representative of the employer). Contractors hire, supervise and pay the other workers as the result of a contract. A contractor agrees to provide materials and labor and is responsible for the results. Doesn't apply 6. Continuing Relationship An employee continues to work for the same person year after year. Contractors are hired to do one job. There is no continuous relationship. Wrestlers aren't hired on a match by match basis so employees again 7. Set Hours of Work The employer sets an employee’s hours and days. Contractors are masters of their own time. WWE sets everything. Employees again. 4-0-1 now 8. Full Time Required An employee normally works full time for an employer. Contractors are free to work when and for whom they choose. Again employee 5-0-1 9. Doing Work on Employer’s Premises Employees work on the premises of an employer; or on a route, or at a site, designated by the employer. Contractors work off an employer’s premises and use their own offices, desks, and telephones. 6-0-1 now 10. Order or Sequence Set An employee performs services in the order or sequence set by the employer. Salespersons report to the office at specified times, follow-up on leads, and perform certain tasks at certain times. Services are performed at a contractor’s own pace. Salespersons work their own schedules and usually have their own offices. Wrestlers perform to WWE demands. 7-0-1 11. Oral or Written Reports Employees are required to submit regular oral or written reports to the employer. Contractors submit no reports. Not required in the job. 7-1-1 12. Payment by Hour, Week, Month Employees are paid by the employer in regular amounts at stated intervals. A contractor is paid by the job on a straight commission. 8-1-1. Wrestlers are paid at intervals. 13. Payment of Business and/or Travel Expenses The employer pays employees’ business and/or travel expenses. Contractors take care of their own expenses and are accountable only to themselves for expenses. Wrestlers generally take care of most expenses but WWE does pick up the tab for certain talent or on tours. I'd call this one even 8-1-2 14. Furnishing of Tools, Materials An employer furnishes tools, materials, etc. Contractors furnish their own tools, etc. N/A 15. Significant Investment An employee has no significant investment in the facilities used to perform services. A contractor has a real, essential and significant investment. WWE provides ring and stage. 9-1-2 16. Realization of Profit or Loss An employee cannot realize a profit or loss by making good or bad decisions. Contractors can realize a profit or suffer a loss as a result of their services or decisions. Wrestlers don't make their own decisions 10-1-2 17. Working for More than One Firm at a Time An employee usually works for one employer at a time. An independent contractor works for a number of persons or firms at the same time. WWE has exclusive rights. I also pointed this out before but BDC shot it down. 11-1-2 18. Making Services Available to the General Public An employee does not make services available to the general public. Contractors have their own offices and assistants. The hold businesses licenses are listed in business directories, maintain business telephones, and otherwise generally make their services available to the public. N/A 19. Right to Fire An employee can be discharged at any time. Contractors cannot be fired so long as product results meet contract specifications. WWE regularly releases talent at random times. 12-1-2 20. Right to Quit Employees can quit their jobs at any time without incurring liability. Contractors agree to complete a specific job and are responsible for satisfactory completion; or they are legally obligated to make good for any failure. Hard to call this one. Wrestlers can quit at anytime but generally have no complete clauses and are threatened with legal action. Hard to call so it's called even. With that in mind, 12 out of 20 points are clear cut employee defined.