Good Grocer Inc. runs its business by recruiting different employees to carry out various activities. The company is responsible for paying all the employees their full wage. Additionally, the company is accountable for treating all the employees in relation to the law. In this situation, a woman who is an employee of the company involved in an accident slipped on a banana peel and fell. After her husband has noticed that his wife is injured, he decides to sue the company. On the part of the company, the first reaction is calling the 911 and filed an incident statement that contained the information about the situation.
As I am a human resources manager in the company, it is my duty to give advice to the store managers about personnel and legal matters. Thus, in this case, where the company management has been sued, the best thing is to help the management team in the company to understand what the law says. This case involved in this situation relates to accidents and injuries. It is essential to note that the tendency of people getting into accidents and experience injuries is a common occurrence. Since there is nobody to revert the damage, personal injury law states that there is a way for the wounded to be "made whole" once more (Ray & Sharpe, 2011). Relief for injuries is attained in the form of financial compensation or reparations. However, remedies may as well include other things apart from money, for example, the judge's command to take a specific action (Hunter, Cameron, & Henning, 2005). Lawsuits for damage from the accident are frequently settled out of court, prior to the court arriving at a verdict.
If the husband takes the case to the court, the best approach to dealing with the case is through litigation method of dispute resolution, using litigation law. Litigation law is the practices and rules involved in settling disputes in the court system (Ray & Sharpe, 2011). In the court, the company requires a lawyer to represent it. The need for the attorney in the court case is guiding the company about the court process in determining a certain case. The attorney has an important understanding of the litigation law. This understanding is important to help the company present a good defense in order to prove their innocence in the allegation facing them.
The best thing that the company can do in order to deal with this case is make an arrangement on how to settle the case out of court. There is a need for the assessment of the damage caused to the woman in order to ascertain the kind of compensation that suits her. In this approach of dispute resolution, the first step will involve arranging a discussion with the plaintiff, the injured woman, in order to explain that the company is willing to solve the case outside the court. After the plaintiff agrees, the company will invite the mediator to intercede between the company manager and the plaintiff. The next step will involve damage assessment in which the lawyers representing both sides will be involved. Once the damage is assessed, the company manager will compensate the plaintiff by paying the amount of money that is agreed on after assessing the damage.
The method of solving the case outside the court is justified by the fact that it is quicker and cost effective. If this case was to be handled in the court, it would have taken much time. Additionally, hiring the lawyer to represent the company in the court would be costly.
It is clear that Ms. Greene comes to work on Monday, Wednesday, and Friday nights between 6 p.m. and 9 p.m., as an independent contractor. However, there is confusion about whether Ms. Greene is an independent contractor or a part-time employee. This confusion arises from her move seeking to be treated as a part-time employee. Ms. Greene wanted to obtain the same benefits as other part-time employees in Good Grocers. The benefits that she wants to enjoy included employee discounts and paid time off. The fact is that Ms. Greene qualifies to be an independent contractor. An independent contractor refers to business, natural person, or organization that offers products or services to another person or company under terms stated in a contract or verbal agreement (Fishman, 2008).
In this case Ms. Greene offers services to Good Grocers in relation to the contract that exists between her and the company. Ms. Greene only offers the service of decorating cakes with the company that furnishes her the equipment and pays her for cakes. This means that Ms. Greene is working for the company only as an independent contractor.
However, her terms of work in the company make her qualified to be a part-time employee. It is clear that a part-time worker works, averagely, around 38 hours per week, and he typically works unvarying hours every week. Part-time workers are entitled to the identical benefits of full-time workers. They are fixed-term contract or permanent workers.
In relation to Ms. Greene, working in Good Grocers, she worked during the period that involves less than 38 hours. She has her work schedule. She works on Monday, Wednesday, and Saturday from 6 p.m. to 9 p.m. This means that she is employed by the company as an independent contractor with her main service rendered to the company being cake decoration. She has her business, and she only works in Good Grocers for the duration outlined by the contract that exists between her and the company.
All the part-time employees in the company got benefits that include employee discounts and paid time off. The fact that Ms.Greene works less than 48 hour per week, makes her a part-time employee. However, the contract that exists between the company and Ms.Greene clearly states that she comes to offer a certain service to the company. Ms .Greene is not an employee of the company. The company only contracts her to decorate cakes at a certain time on specific days. This means that she does not perform activities that are performed by other employees in the company. However, there was a period of time when she was employed as a part-time employee, at the Mother's Day weekend. Nevertheless, this does not make her a part-time employee to the company. She was only employed to cover for the shortage of employees during Mother’s Day weekend. Thus, Ms.Greene is an independent contractor to the company. This means that she is not entitled to get benefits that are enjoyed by part-time employees. Thus, Ms.Greene is an independent contractor and not a part time employee to the company.