Chaiken and two others ran a barbershop. The Delaware Employment Security Commis
ID: 442933 • Letter: C
Question
Chaiken and two others ran a barbershop. The Delaware Employment Security Commission claimed that the other two persons were employees of Chaiken and that Chaiken had failed to pay the unemployment compensation tax assessed against employers. His defense was on the ground that he had not “employed” the other two and that all three were partners. The evidence showed that Chaiken owned the barbershop; he continued to do business under the same trade name as he had before he was joined by the two, which specified the days for work and the days off. It was also shown that Chaiken had registered the partnership name and the names of three partners and that federal tax returns used for partnerships had been filed. Decide.
Explanation / Answer
The existence of partnership can be tested by one or more methods.
The other factors which can be considered are the rights of decision making, manner in which the business is being operates.
In our case
The execution of partnership agreement makes a strong case in favor of the Chaiken and the other two persons. As partners, all of them must have decision making authority as per the agreement.