«Good Grocers, Inc.» - Free Essay Paper
The United States Department of Labor has detailed two accounts of challenges in the current contemporary Law. The first challenge in the current Litigation and Dispute resolution in the recent increase is the administrative regulations at the place of work (Findlaw, 2014). There has been overlap between the State and the federal government, thus resulting in significant costs on the side of employees and employers. The second challenge to the current employment Litigation and Dispute resolution is the explosion of litigation under regulations that dwell in full/whole or part on individual lawsuits for enforcement (Findlaw, 2014). Therefore, as a company that seeks justice for all and aims to become the next large store in America, an alternative to the current situation will result to plaintiff satisfaction. The essence of any litigation is to find justice and ensure that the plaintiff receives justice, but only in cases where it is proven beyond reasonable doubt that the defendant committed an offense. Recently, Litigation processes involving business (defendants) and Plaintiff have spiraled during the last 20 years in America (Findlaw, 2014). Consequently, the federal and State Laws and the availability of shared law and constitutional defense against unfair dismissal have given businesses a series of tools to solve any arising matters.
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In the current case, litigation will be costly for both parties. For every dollar paid to the plaintiff, at least another would be paid to the attorney engaged in handling the current situation, in either way it turns to be meritorious or non-meritorious. Thus, it may become stressful and unsatisfying for the plaintiff and may tarnish the name of the business. In the 911 incident report filed by the produce manager, there may be no enough evidence for the current claim. The plaintiff has claimed she fell because of the banana peel on the floor, but it was still yellow, lying on the ribbed rubber mat. This may be an indication that it was not the sole cause of the injury. The woman was also wearing five-inch high heels. In addition, proving the responsible party will be difficult in this situation.
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Thus, litigation will be expensive and stressful as there enough evidence in order not to go through full trial. Therefore, negotiation will help in this slip-and-fall situation. As an effective ADR, the negotiation based on the foundation of Good Grocers, Inc. practices that emphasize respect for client’s rights. It will be good to enlighten the couple from the store that the importance of any judicial system is to provide justice to the plaintiff. In this case, the couple will be notified that any hospital bill that may arise from the incident will be covered by Good Grocers, Inc. Therefore, there will be several benefits to both the defendant and the plaintiff in this situation such as saving on court costs, negotiation that will help to avoid uncertain trial outcomes, and avoidance of lengthy delays (Findlaw, 2014).
In the negation, several key steps will be involved. Step one will involve preparation where possible situations will be contemplated. In this case, the plaintiff can opt out of the negotiation, or demand high compensation. The second step will involve an opening process where Good Grocers, Inc. needs will be communicated to the plaintiff. Third step will entail disagreement or an exchange of views. This will help to establish a common ground. In the fourth step - exploring, it will be obvious if the plaintiff wants to move forward the negotiation. The fifth step will be signal where both parties are expected to show interest in the negotiation process. Package, the sixth step, involves parties to deal with several possibilities. Closing will be the seventh step, and it will involve confirmation of the agreement and may entail compensation. Upholding Good Grocers, Inc. word will mean implementing all the agreements reached.
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It is essential for any business to identify correctly all individual's rendering services (IRS, 2014). For Ms. Greene, it might be hard to identify if she is indeed an independent contractor or a part-time employee. To some extent, she falls into the two characteristics. However, according to the definition given by the Counsel on Accreditation, Ms. Greene is an independent contractor (IC). An independent contractor is an employee who is contracted by a business or organization to undertake a specific task according to his or her own methods (IRS, 2014). However, employer controls the whole process of work of an IC. In case of Ms. Greene, she has been only contracted just to decorate cakes. The fact that she owns a bakery makes her a professional contractor who is only coming to offer decoration services. Three main categories classify Ms. Greene as an IC. As earlier stated, the business does not control what she does. Secondly, MS. Greene uses the company’s tools to do her work. Finally, the form of relationship is that there is no written contract classifying her as a part-time worker. A part-time worker can have a pension plan, vacation pay and insurance (IRS, 2014). However, from the discussion above, there may be no outstanding factor that classifies her as a part-time employee or IC.
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Ms. Greene should not receive the same benefits as a part-time employee because of one main reason. She is paid by the cake, and this means that her salary is based on the number of cakes she makes. For a part-time employee, this will not be the case.