It is the responsibility of the Human Resources department to handle any personnel issues that arise within the company. The human resource department should ensure that all the process and guidelines that should be followed when handling employee issues are adhered to. Several legal issues can be avoided when due process is followed as it should (Armstrong et al, 2014). Before making the decision to dismiss an employee, the HR should ensure that they have followed the personnel policies to the letter and none of the steps has been skipped which can later bring problems. They should check if the reasons for dismissing the employee are valid and if the other disciplinary options have been exhausted. It is also important for the HR to ensure …show more content…
Employment laws protect members of the protected class and the company should provide the evidence that the sexual orientation of the employee was affecting the company negatively or that they were not treating the employee in a manner that was different from the way they are treating other employees (Fraser & Simkins, 2010). Before making the decision to dismiss the employee, the HR should ensure that they have followed all the policies regarding dismissal carefully and have documented the reasons for dismissing the employee and proper communication has been made to the employee. By so doing, should the employee sue the company will be able to provide the evidence for the reasons that led to the dismissal …show more content…
All employees should be informed of the requirement to sign the agreement. The use of the agreement by the company will protect it should the employee take legal action later on. It is also important for the employee to know the reasons why they had to leave.
There are times when the employee might identify cases of conflict of interest or they might fail to do so. It is the responsibility of the HR to educate the employee about scenarios that are classified as a conflict of interest. There are several strategies that the HR can use to educate the employees on how to identify ethical dilemmas and the decisions they should make about the dilemmas. The HR can develop a code of conduct or employee handbook that will address all issues to do with conflict of interest. The company can also organize business
Ethical decision-making is the responsibility of everyone, regardless of position or level within an organization. Interestingly, the importance of stressing employee awareness, improving decisions, and coming to an ethical resolution are the greatest benefits to most companies in today’s world (Weber, 2015).
Later after reporting the case White received a notice that her job as a folk lifter has been reassigned another male member and that she has been relocated from her current job station to more strenuous manual difficult tasks. The employee filed a new lawsuit with EEOC citing retaliation actions against her for reporting sexual discrimination acts g against her immediate supervisor. She also filed a second case alleging that her employer has fixed surveillance camera something that was against her privacy rights. The company later her for alleged subordination. White filed the third case against her employer claiming that her suspension and demotion misfortunes emanated from her resolve to protest against sexual discrimination practices. The sixth circuit court as well as the Supreme Court awarded the plaintiff remedies and affirmed that the company’s
The employer and the employee will have to come to a firm understanding as to what are all the discrimination laws that are applicable to them. Employers often believe that compliance with a certain set of anti-discriminatory laws at the central level are sufficient. But in most of the cases that is not the case. The employers will have to be compliant with all the state and local laws of where their organization is being located. And those laws might differ from place to place and might offer greater protection to the employees in the organization. For example, some of the state will have state anti-discrimination laws, which prohibit employers from discriminating against the sexual orientation of its employees. If the employer terminates the employee based on his sexual orientation, which is well within the central law, but in some of the state level laws, the employer will be violating such laws to terminate an employee based on the sexual
The Director of the Human Resources received complaints from several managers and the Senior Manager in Payroll. The complaint was regarding Personnel Actions being processed late in the Human Resources Information Center (HRIC). The Director was urged by the leadership to put the pressure on the on the team who processed these actions, since it was causing issues across the organization. With the knowledge of these concerns, he recognized it was necessary for him to determine why the Personnel Actions were being delayed and causing the issues brought about by the various levels of management.
...re there will be an employee who needs help making an ethical decision. Finding someone to talk to or resources that can help might be hard to come by. There is information about helping someone in a tricky situation where they might need advice. Some of these resources include, going to realogy.com to their ethics page with information about the subject. Another website to look at would be ethicalrealism.wordpress on their ethical realism page.
The agreement will ensure that the company's interest protected and the employee stays to work for a
Legally, the topic of LGBT discrimination in the workplace is interesting because of the varying levels of protection afforded to the LGBT community across various states, and at the federal level, as well as in comparing the United States to other Western democracies (Tilcsik, 2011, 601-602) Tangibly, while the United States Constitution and ...
A person can lose his or her job due sexual harassment in the work. According to Jane Larson, a judge dismissed a sexual harassment against Godaddy.com Inc. Rachel Pearson reported the incident to her supervisor, but no action was taken.” Also, she alleged, “she was fired after she filed the complaint.” Later, Rachel filed a sexual harassment suit, which was not validated against Godaddy.com. (2010) The Human Resources department plays a major role in sexual harassment cases. Sexual Harassment is very difficult to deal with in Human Resource, when it comes down to he say, and she say. Sometimes, there are not corroborating witness, which can a case to be dismissed. One of the most popular “he say” and “she say” sexual harassment cases was the Anita Hill and Clarence Thomas. According to Michelle Kaminsky of Legalzoom.com, Anita Hill accused Clarence Thomas of sexual harassment was the first sexual...
The process of carefully looking at every decision and the repercussions of that decision is simply good business practice. Every company audits its decisions to make sure its what is right for the company. Firing practices should be no different. To draw some arbitrary line at this point to allow for firing an employee without cause is unethical and egregious business conduct. Due process is simply a sound way of carrying out the practice of removing an employee from the services of a c...
Companies have found a way to protect their mutual interests by creating the Employment-at-Will Doctrine. In this doctrine employees and employers acknowledge a voluntary relationship based upon employment. Unless there is a contract or exception between the employer and employee, the Employment-at-Will Doctrine is a legal judgment supported by companies that permits an employer the power to terminate an employee on any basis; other than an illegal one or no reason, without legal responsibility (N.C Department of Labor). The doctrine authorizes an employee to depart from a position or job, at any time, without reason void of any legal consequences (Muhl, 2001). An employer has the authority to make changes to their terms of employment without
Managers rely on HR to provide effective staff capable of accomplishing the goals of the organization. HR is valuable in ensuring employees are high performers, dealing with performance issues, and certifying that existing methods are compliant to the rules, contracts and laws under which the organization operates. When HR succeeds in developing processes to attract, hire and develop motivated employees, managers are able to focus on the objectives of their department and the organization.
An employer may dismiss an employee for a fair reason - this means the dismissal is substantively fair and if the employer has followed a fair procedure - the dismissal is procedurally fair.
An organizational human resources department utilizes the hiring and firing process to meet the organization’s personnel needs. Organizational human resource departments are charged with the oversight of an organizations administration department. The practice of hiring and firing people is a process employer’s conducts on a daily basis. This process has to be done in a proper manner and not in haste. The implication that can occur from the improper hiring and firing process could and can have a positive or negative impact on an organization. Therefore, employers must carefully evaluate their decision to hire/fire individuals and its impact on the organizations’ workplace environment and others employees. Human Resource Management is important for an effective organization. In today’s organization, HRM is valuable to the organization because of increase legal complexities and its known for improvement in productivity. However, management should realize that poor human resource management could result in an outburst of hiring process followed by firing or layoffs. According to (Satterlee 2013, p. 194), “Hiring the best candidate who is also a good fit for the organization is crucial for the success of an organization, because a poor hiring decision will have repercussions across the entire organization”. Satterlee made a valid point because poor hiring could have an impact on the bottom line performance of the firm. In other words, HRM is the contributing factor to the success of the organization including motivating and maintain the staffs. The purpose to the motivation is to ensure that all employees grow to a full potential. According to (Sims 2006, p. 5), “HRM efforts are planned, systematic approaches to increasing organizati...
The following five-step model can help employees make appropriate decisions when faced with an ethical dilemma. The first step is to recognize the issue. Knowing what is the root cause and the main issue can help determine what ethical issue is at hand. The next step is to get the facts of the situation. Eliminating bias opinions and knowing the information source can increase the chances of making a good decision.
Obtaining the position of human resource director for an organization that has not had a structured and directive human resources department has various challenges. It is likely that as XYZ Company has grown from a small software development firm they have neglected one of their most important aspects of business that contributes to the success of the organization: their employment practices. Employees and employment practices have evolved over the years and the personnel departments that we once relied on mainly for the hiring and firing processes have evolved to meet the expectations and demands of State and Federal laws and regulations, the work force, and organizational strategies that the company has adopted in order to remain competitive and successful in the marketplace. The processes and procedures that now need to be observed by the “personnel department” requires greater knowledge, skills, and abilities regarding laws and regulations, current and potential employee needs and demands, and has paved the way for the transformation of the human resources professional to become an integral member of the management team in an organization.