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Good Grocers

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Situation 1: To resolve this situation alternative dispute resolution is best. Alternative resolution dispute is best known as a means of resolving a matter without having to go through the courts. Like everything else, there are steps to the process of alternative dispute resolution. “Alternative dispute resolution includes neutral evaluation, negotiation, conciliation, mediation, and arbitration.” Retrieved from www.law.cornell.edu, May 15, 2015. Neutral Evaluation is at mid-point between mediation and binding adjudication one that can stand on its own or be integrated with other dispute resolution processes much like mediation. Negotiation is best known as a discussion to reach common grounds where two or more parties agree upon the results. With conciliation and mediation there is not much that differs. In conciliation a third party listens to both sides and issues a non-binding suggested resolution. Mediation generally is a dispute between two or more people or parties. In mediation a third party or which we would refer to as the mediator, assists the parties to negotiate a settlement. The mediator must not be biased. Arbitration is a proceeding in which a dispute is resolved by an arbitrator who is impartial or unbiased to the situation. The arbitrator is whose decision the parties will take and the dispute agreed, will be final and binding. With Situation One, the best approach depends on which side we should view. The customer who fell, sounds as if she is more interested in the legal aspect of the matter in hopes of a big payoff. But in our stance as Good Grocers, Inc we would be best suited for alternative dispute resolution mainly due to the circumstances involving a legal battle. We are a family owned business and would like to keep our records clean. We do not want nor do we need a legal lawsuit. This legal lawsuit, or litigation, would take too much time away from our Company Executives and they would not be able to efficiently work on our high level of customer service within our stores. As a family business we try to keep all costs in our budget and the rising of litigation can in some cases be a financial burden. With Good Grocers, Inc we would move for the Integrative bargaining of alternative dispute resolution so both parties would be happy with the outcome. With Integrative bargaining the interest is based and looks for a win-win solution. With these techniques it is encouraged to cooperate with the problem solving which addresses all needs and interests of both parties. The negotiators here picture a pizza with unlimited slices and work towards an outcome that will maintain, rather than destroy, the relationship. We want the anchorwoman for NEWSNOW to still remain our customer. She can even potentially be a spokesperson for us and bring us more customers.
Situation 2: Independent contractors versus direct hire employees are often times confused between the two. An independent contractor is an individual or business that provides goods or services to another business or entity under terms specified in a contractual agreement or that of a verbal agreement. In this case, Mrs. Greene is an independent contractor. As Good Grocers, Inc we independently hired and contracted Mrs. Greene as someone to come in on agreed dates and times to decorate cakes. Even though Mrs. Greene came in to help us as we desperately needed her to she was paid a base rate of $15 per hour with no taxes reduced from her pay. This way Mrs. Greene is still able to be classified as an independent contractor. According to the Internal Revenue, we have to hire Mrs. Greene as a direct pay employee before we are able offer her the benefits she is requesting. “The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.” Retrieved from http://www.irs.gov, May 17, 2015.
In this situation Mrs. Greene is not controlled by us at Good Grocers, Inc. She freely decorates the cakes and gets paid per cake. When we utilized her services on Saturday and Sunday, she was paid an agreed upon rate per hour. As a business we have to make sure we know and understand the facts that provide evidence of understanding the level of control and independence which fall into three categories: (The three categories below are derived from the Internal Revenue Service)
1. “Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?” Retrieved from http://www.irs.gov, May 17, 2015.
The key factor in determining whether Mrs. Greene is an independent contractor or common-law employee is the fact of control. Under common-law rules, anyone who performs services for us as Good Grocers, Inc is our employee. If said employer can control what will be done and how it will be done then we as the employer are in fact not in an independent contractor agreement. What matters the most is that we have the right to control the details of how the services are performed. If Mrs .Greene would like to receive the same benefits as our Good Grocers, Inc employees we have to hire her as a Good Grocers, Inc employee. She will have to fill out the standardized tax deduction papers as required by law. Mrs. Greene will have taxes deducted and will be a formal employee of Good Grocers, Inc. There are several legal boundaries that have to be completed in order for Mrs. Greene to be an employee and no longer an independent contractor.
The Legal Environment of Business references to the code of conduct in which the legal boundaries for business activity is set. For these boundaries to be understood, we must first have a basic understanding of the law and it affects on businesses and their practices. The nature of business extends over a number of legal jurisdictions, all of which are constantly subjected by the wants and demands of the business community, the consumers, and the government. The sources of American Law are Common Law often referred to as Case Law, Statutory Law, Administrative Law, Court Rules and Constitutional Law. Law has been defined differently over the ages. With the new advances of technological advances comes more and more advances with the law and the legal system. The legal system should be widespread and controlled by one government.

Bibliography
Alternative Dispute Resolution. (n.d.). Retrieved May 15, 2015, from https://www.law.cornell.edu/wex/alternative_dispute_resolution

Independent Contractors. (n.d.) Retrieved May 17, 2015, from
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee

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