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Answer:
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Serving: (a) In general. The process, which does not include a subpoena under Rule 4 or a subpoena under Rule 45, must be delivered by a United States marshal or a marshal deputy or by a person specially designated for that purpose, within the territorial limits of the state where the district court is located and, if authorized by federal statute, beyond those limits.
(b) Compliance with orders: Commitment of civil contempt. An order that commits a person for civil contempt of a decree can be delivered and executed in any district. Any other order in a civil contempt process can be delivered only in the state where the issuing court is located or in another place in the United States within 100 miles of where the order was issued.
Summons: (1) Content. A subpoena must: (A) name of the court and the parties; (B) be directed to the accused; (C) indicate the name and address of the plaintiff's lawyer or, if not indicated, of the plaintiff; (D) indicate the time within which the accused must appear and defend himself; (E) notify the defendant that the lack of appearance and defense may result in a default trial against the defendant for the compensation required in the complaint; (F) must be signed by the secretary; (G) that bears the seal of the court.
Subpoena: (a) In general. (1) Form and content. (A) Requirements: in general. Each citation must: (i) indicate the court from which it issued; (ii) indicate the title of the action and its civil action number; (iii) order each person to be told to do a specific time and place: attend and testify; produce designated documents, electronically stored information or tangible things in possession, custody or control of that person; or allow the inspection of premises; and (iv) establish the text of Rule 45 (d)
Consult the standard in https://www.law.cornell.edu/rules/frcp
Explanation:
It should be noted that the tests that can be used to differentiate an employee from an independent contractor include:
- Control test.
- Integration tests.
- Multiple factor test.
A control test simply refers to the level of control that an employer has over the workers. An employee is subjected to orders from the employer unlike the independent contractor.
Integration test implies that the employees are part of an essential group in the organization. Lastly, the multiple-factor test is when various factors are taken into consideration to determine if one is an employee or not. For example, in Short v Anderson (1946), the criteria used were the power of choice, renumeration, etc.
A company is an association of persons that have a common objective of providing services to customers while partnership is an agreement between two or more people to run a business and share its profit.
Lastly, based on the information given, the manager is in breach of his duties. Bribery and corruption aren't part of the principles of a company.
Learn more about independent contractors on:
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