Good Grocers, Inc and Independent Contractor v. Employee
The specific course learning outcomes associated with this assignment are:
� Describe the legal environment of business, the sources of American law, and the basis of authority for
government to regulate business.
� Explain basic court procedures, types of courts, and alternative dispute resolution methods.
� Use technology and information resources to research issues in business law.
� Write clearly and concisely about business law using proper writing mechanics.
Introduction
The produce manager’s description of the scenario witnessed sounds like the aggrieved party is
very unhappy with the Grocery’s management and they are blaming the incompetency of the
Grocery’s management in handling its operations that resulted to the injury of the complainant.
As a legal adviser to the grocery’s management i would opt for an Alternative Dispute
Resolution (ADR) to try and negotiate a fair and reasonable settlement with the complainant as
its obvious that the injury to the complainant occurred as a result of the negligence of the
company’s operation staff who should have noted the banana peels on the floor and disposed
them to the trash can or to their respective place. It’s immaterial whether they were dumped by
another client as the store is vicariously responsible for all injury that occurs within its premises
as long as they are within the limits of reasonable duty of care that their clients are owed by the
management.
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This paper analyzes the pros and cons of litigation, the court based adjudication process and the
Alternative Dispute Resolution methods of resolving the incident.
- The ADR is one of the methods that the grocer’s management can apply to resolve the dispute.
The ADR processes can be distributive or integrative. Distributive ADR processes are win/lose
situations where one of the parties to the dispute wins the case while the other loses or
alternatively there may be many pieces of the pie where one gets a piece of this or that. It’s
mostly referred to in cases of money or property disputes. Integrative ADR is a process which
results in a win/win situation. There is no loser or winner in this process as its interest based. It
encourages cooperation in most cases. Both parties work out a solution that is beneficial to the
parties to the dispute and retains their relationships. (Lynch, 2001)
Litigation is one of the methods of court based adjudication that the grocer’s management can
resort to if the ADR fails. Litigation is a legal lawsuit that’s filed by the complainant or one of
the parties in a lawsuit and which is decided in a court room before a judge or a jury. Litigation
is mostly intimidating and even risky for both litigants as the case can be adversarial as it’s
always a battle between the lawyers of the two parties in the dispute and justice is rarely the end
result of such cases. Through litigation the plaintiff can obtain money, place restrictive orders or
injunctions or even have documents interpreted. The outcome of most litigation is that one party
wins while the other loses. Litigation maybe expensive and prohibitive besides one must be
prepared to face the crowded courtrooms where even one’s private life can also be revealed to
the public. Litigation processes leads to protracted legal battles that may be lengthy and which
destroys relationships and fuels hatred. http://www.ciarb.org/dispute-resolution/resolving-a-
dispute/litigation/
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However the decisions of the courts are binding and enforceable. They can also be appealed.
Most of the decisions of the courts are based on legal precedents hence they can be predictable.
Just as much as anyone deserves a right to be heard in a court of law, the advantages and
disadvantages of litigation should be considered before right resolution method is adopted.
Litigation destroys most relationships while ADR promotes peaceful resolutions and maintains
most relationships. (Gianna, 2010)
The position of the grocer’s management would preferably be the ADR method of dispute
resolution however the company would be under legal obligation to attend to any method opted
or preferred by the complainant.
- The process of ADR involves;
Choose a mediator who is acceptable to both parties. He should be a trained and skilled mediator
who may be an expert in the subject matter. The mediator should facilitate the discussion and the
negotiation on the dispute between the two parties who may be physically present or through
their attorneys.
Both parties need to prepare for the mediation which should be voluntary and each should be
allowed to propose the venue and time of the ADR. Once both parties have agreed on the venue
and time of the ADR then they should be able to share the information on the dispute in the
presence of the mediator who should have been given the agenda of the meeting and the issues
that are subject of the dispute. The messenger should finally act as the messenger between the
parties and later once the dispute is resolved all the parties must receive signed copies of the
deal.
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- Ms. Greene is not a part time employee though she uses the company equipment but she is
paid by piece rate i.e. depending on the number of cakes decorated. She consistently works
between 6 and 9p.m every Monday, Wednesday and Fridays but she does not depend on the
company for her survival. She does not qualify as a part time employee as the nature of her work
is not controlled by the employer. She is an independent contractor as she controls the nature of
her work. Her case is similar to the facts of the case Antison v FedEx Ground Package System,
Inc, December 20, 2010, Cox, R where the drivers of FedEx were declared to be independent
contractors as per the test of Right to Control Test and Economic Realty.
But for the purposes of Social Security and Medicare Taxes, Miss Greene may be declared a
statutory employee as the equipment she uses are not has and she performs the job herself and
which is repetitive. The Social Security and Medicare Taxes should be with held by the employer
though she is an independent contractor. (Koch, 2014) - Miss Greene should not receive the benefits as part time employees as she is an independent
contractor but her employer should legally withhold her Social Security and Medicare Taxes as
she is a statutory employee. The equipment she uses belongs to the employer besides she
performs the job herself and it’s also is repetitive as defined by the IRS. The IRS defines her
employment as statutory employee and makes the employer liable for any non-payment of Social
Security and Medicare Taxes. She does not substantially depend on the income from the
company to sustain herself as in the case of Antison v FedEx Ground Package System, Inc,
December 20, 2010, Cox, R. The Right to Control Test and Economic Realty test applies and
Miss Greene has the total control of her work and her economic status does not entirely depend
on the material company in question. (McConville, 2014)
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To conclude, the ADR is the most convenient, fair and reasonable method of settling the dispute
above. The complainant may prefer the litigation process which is expensive, time consuming
and may take a long time before the case is determined. Most people prefer ADR methods of
dispute resolutions as most relationships are maintained by the end of the process. Litigation
destroys most relationships while ADR promotes peaceful resolutions and maintains most
relationships.
Managers should have an in-depth knowledge of employee working conditions and terms of
service as defined by the IRS. These would make it easier for them to know when they are
supposed to withhold the Social Security and Medicare Taxes when required by law. Also when
determining employee benefits and terms of service.
References
Antison v FedEx Ground Package System, Inc, December 20, 2010, Cox, R
Gianna, T. (2010) “Avoid court at all costs” The Australian Financial
Koch, M. (2014) “The Tax Risks of Misclassifying Employees,” The National Law Review
Lynch, J. (2001) “ADR and Beyond: A Systems Approach to Conflict Management”, Negotiation
Journal, Volume 17, Number 3, July 2001, Volume, p. 213.
McConville, T. M. (2014). “Don’t Misclassify Workers as Independent Contractors” . The
National Law Review Retrieved 14 June 2014.
