Relations Case

Please respond to one of the two following discussion questions not later than Thursday of Week 1. Ensure your response is at least 200 words and that you substitute your name for mine on the subject line.

* What are the differences between employees and independent contractors? Is it possible for an employer to reclassify all of his employees as independent contractors? Explain why or why not. Provide an example.

* The employer makes the employee's life miserable and the employee quits. What is this called? Is it legal? Does the employer's burden of proof change between constructive and wrongful discharge? Provide an example.

This scenario describes a constructive discharge. According to (Bennett-Alexander & Hartman, 2007) constructive discharge is present where the employee has no other alternative but to quit his or her position. This is an illegal practice. Under this method, the employer does not fire the employee but instead made the work place so miserable that the employee could not reasonable be expected to endure. Under this charge of constructive discharge and according to (Bennett-Alexander & Hartman, 2007) the employer must prove that they exercised reasonable care to correct the actions and that the employee failed to take advantage of the corrective opportunities. The former employee to prevail must also demonstrate that the employees deliberately constructed the intolerable actions that forced them to quit. I do not think that the burden of proof of the employer changers between the two discharge examples. I think that under these methods the employee have to show facts and proof that they have been wrongfully terminated by their employers.

If an employer reduced an employee, salary and benefits to an unfair value without prior performance issues than this action could be seen as a constructive discharge. The employee may deem this to be beyond reasonable expectations to endure and may have only one alternative after filling complaints and that is quit.

There are many different forms of ADR. According to (Bennett-Alexander & Hartman, 2007) using ADR, employees and employers can avoid lengthy and costly litigation and in some cases embarrassment from public proceedings. A company may desire employees to sign commitments to resolve disputes through an ADR process because through this method disputes can generally be resolved quicker. Also through the ADR process the litigation cost are less, the adverse situations are lessened, and corrosive publicity is reduced.

Other ways to resolve diputes are though the use of internal resolution dispute procedures. This process must be deemed fair by the parties involved. In addition, a company may wish to utilize mediation techniques. Through this method instead of negotiations between the parties and attorneys, the mediation