Employment Laws: Relationship between Debtor/Creditor, Agency, and Employment

Debtor/Creditor Relations, Agency, and Employment
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Debtor/Creditor Relations, Agency, and Employment
Employers and employees often have a symbiotic relationship, and in the past, it seemed fairly straightforward as it followed the master-servant dynamics. In the recent past, the relationship between an employee and the employer has taken different dimensions, to an extent where treating everybody well does not meet the requirements for the employment rules. Employment laws have undergone tremendous evolution, leading to the emergence of major complexities that would often require serious consideration by the employer before deciding on the employment approach to adopt. The legislation governing the relationship between the employer, employees, agents, and even independent contractors at the state and federal levels are collectively termed employment laws. These laws influence the employment approaches and have varied consequences both for the employer and the employee.
Stacy’s business cases under the lens of employment laws can be subject to varied interpretations. Also, Stacy has varying employment approaches in the specified cases. The idea of Stacy hiring people to operate in U-Pick farms is a misguided approach from an employment law perspective. The decision implies that Stacy bears all the liability as the employer, even in a case where the employees act on their own and not on behalf of the company (DuBoff, 2004). According to DuBoff (2004), it is important to be extra careful when hiring and one ought to consider liaising with their insurance prior to making such hiring decision. In Stacy’s case, she should consider having independent contractor work on the U-Pick farms given a considerably reduced liability.
Independent contractors are people hired on a need basis and are required to work on an on-demand basis without the hiring firm or the individual interfering with their autonomy (Roche, 2004). Unlike employees, the use of independent contractors shifts the liability from the employer, in this case, Stacy, to the independent contractor or the company on behalf of which the independent contractor is working. The use of independent contracts will help Stacy reduce the exposure to lawsuits often arising due to the myriad of employment rights employees are entitled to that can sometimes be ambiguous. The workloads on U-Pick farms are full of uncertainties and are bound to fluctuate; thus, hiring independent contractors offers the level of flexibility needed in such a scenario where the employer may need to offload the workforce under certain circumstances. Also, having an independent contractor is the most suitable approach to avert the legal and financial impediments that comes with having permanent employees. The admission that sourcing blueberries from the local farmer come at a relatively higher cost calls for a more bearable approach.
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