We The People and Mr. Unremarkable battle another tyrannical King and his Intolerable Acts.
This is an Unremarkable work of fiction. Whether you believe it to be a work of historical fiction or a story created in the mind of an angry, Unremarkable old man is up to you. The resemblance of any individuals or corporations in this work to actual individuals or corporations is purely coincidental and in the imagination of the reader. Angry, Unremarkable old men occasionally need a villain to blame for the injustices which make them angry. Sometimes that villain is a king.
When in the course of human events…it sometimes becomes necessary for the rabble to rise up and challenge the financial strains placed on them by a king who resides far from their homes, yet uses them to enrich his vast coffers. That ruler, who sneers down from on high at those he believes not worthy, is FREDERICK X, from here forward referred to as FRED X, and who besides being an iron-fisted monarch, was a no-good, money-grubbing, glory-hound of a businessman.
And he was smart. Fred X surrounded himself with cut throats, lackeys, yes-men, idea-men, both good and bad, and a horde of lawyers to defend those good and bad ideas. It seems the only thing Fred X’s castle didn’t have were mirrors with which to look yourself in the face, and a singing conscious-guiding cricket. But even with all of the aforementioned pirates to help guide and defend his business, there was one thing that perplexed Fred X, how could he make the rabble pay his taxes and expenses from said business? His lackeys were stumped, his yes-men agreed with him…but thought he was crazy, and his idea men were clueless. It wasn’t until the cut throats met with the lawyers over lattes at a local coffee emporium that a solution was found.
And here born was the Independent Contractor. Independent as in refusing to be under obligation to others and contractor meaning someone who is party to a contract. This position the cut-throats and lawyers reasoned…as much as cut-throats and lawyers can reason, would sign what they laughingly termed an operating agreement to work for Fred X, and only Fred X, and in return Fred X would give them their own territory, a protected primary area of service it could be called. Those who bought into this skullduggery would think themselves entrepreneurs, like fools they would pay the king’s taxes, absorb some of his expenses, they would wear Fred X’s colors and display his coat of arms, and they work from sun up until sun down and later with not so much as a hint of overtime pay or paid time off.
Fred X was beside himself with delight. The cut-throats and the lawyers had done it. And as thanks he would give the cut-throats the new title of Contractor Relations. The lawyers he knew would get their enjoyment finding new ways to plunder future Contractor earnings. He would also allow them to discharge his yes-men. They would have fun doing that, and if needed he could hire new yes-men later. And most important, those zany financial talking heads would adore his company and heap praise upon the genius that was Fred X.
Like all great rebellions, it’s not exactly known where or when its seeds were sewn. Employee unions and Fred X’s largest competitor spent time and money railing against the Independent Contractor model. We The People were not businesses they screamed, but simply mis-classified employees being used by the king. And as the word spread, more and more lawyers around the country arrived in courts to sue Fred X for his terrible mis-treatment of The People… and to put their own hands into the pockets of The People. Lawsuits were filed in far away courts on the left coast, still others combined multiple locations and jurisdictions into one bundle to be ruled on by learned judges of higher courts.
“We strongly disagree with the challenges to the Independent Contractor scheme”, Fred X and his lawyers repeated over and over again. But legal challenges to the king’s business model mounted and the lawyers soon saw the hair on the wart that was the Independent Contractor lie. So the lawyers and the cut-throats met once more over lattes and came up with another business scheme. This one they called PIS, short for Provider of Independent Service.
This time even Fred X was initially taken aback by the level of deceit the lawyers and cut-throats had established. Their new business plot was both brilliant and devious and oozed with the legal sliminess only the most talented lawyers could invent. Single service area contractors, the backbone of the Independent Contractor model will be required to purchase additional areas of service or sell out to other providers. If they are unable to do so…we will thank them for their years of service and financial investment, take back their service area and assign it to a different provider. And all of this legal jibber-jabber will allow us to announce that we are no longer working with Individual Contractors and that we only work with businesses that use employees. The owners of these new employing-using businnesses will be allowed to negotiate with Fred X the value of their services. And, here is the best part, these new businesses will sign away their right to sue Fred X in the future as part of the PIS scam. Past lawsuits with The People could now be settled for pennies on the dollar. Fred X nearly passed out as he sat upon his golden chair, thankfull there were no mirrors upon which to look himself in the face or singing crickets offering conscious-guiding advice.
But this my friends may not be the end of this tale, this assault on We The People. For many of these businesses Fred X works with are the same Independant Contractors he abused before, just re-branded to fit into the king’s new PIS model. How long will it be until they experience the same level of displeasure with Fred X’s new model? How long will it be before they learn the art of contract negotiation with Fred X, which is to say, no matter how much you value your business contribution to Fred X, it will be the king and his court of jesters who will determine your worth to the king. How long will it be until dissension among The People sets in as they learn through the grapevine the value of one business vs. another?
And now, in a Podunk little town in the southeast corner of the newly re-named territory of Wentzylvania, new voices cried out to just themselves. Older voices, long-time servants of Fred X, disturbed by the amount the bundled lawsuits were settled for. If We The People were indeed employees of Fred X, then these settlements come nowhere close to our investments into the King’s business. The attorneys in the action of We The People vs. Frederick X had settled, and We The People had been weighed on the scales of justice…and have been found wanting. Congratulations King Fred, the riches of the kingdom remain yours…but don’t spend them all in one place. This isn’t over until We The People say it’s over!