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Strategic Approach To Recruitment
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Employee dismissal: Wrongful terminations
Wrongful terminations can be drastic on the organization and very costly. Therefore, it is critical to minimize wrongful terminations in order to decrease litigation costs. In essence, the manner in which human resources can mitigate wrongful termination claims is to, at the very beginning, set and follow solid recruitment and selection tactics to ensure the company is making smart hiring decisions (Mayhew, 2017). Hence, it is key to make certain that the organization is looking for candidates that reflect the mission, vision, and goals of the organization. Further, the candidates should employ some key professional attributes that other top performing candidates have within the organization (Mayhew, 2017). A key strategy for human resources would be to set clear expectations up front of what is expected of the employees in their tasks
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Essentially, it is useful to begin this mitigation process by performing a risk assessment which will help The risk assessment should identify factors that could indicate a higher potential for conflicts of interest to exist. Such factors include organization size, reporting structure, or industry; regulatory considerations and geographical location of operations; analysis of key vendors, customers, and third-party relationships; and evaluation of duties that are more likely to be exposed to potential conflicts of interest.Additionally, the risk assessment should consider elements such as related employees, employees within the organization who share the same mailing address, employees who share the same mailing address as vendors, and any board members or employees in a position of influence who were previously employed by, or associated with, key vendors or customers of the organization. Each of these relationships could lead to various conflicts if not
The following questions need to be answered to proceed with Greene’s defense regarding Lawson’s claim of wrongful termination. Greene must provide all internal documentation that they were indeed downsizing in addition to: • What other employees were let go? • What notice were the other employees given when they were informed that their positions were no longer required? • Did the other employees receive severance packages?
1. I believe the criteria that should be used to determine potential layoff candidates are job seniority, job performance, acquired skills, and the ability to further develop and assist the company in moving forward. With seniority, employers can determine which employees are the most loyal to the company and those that are the most familiar with their jobs and the objectives of the company. Performance is also an important facet to consider; it makes no sense to retain a poor to average performing employee because they have more seniority than recently hired, exceptionally performing employee that is more likely to contribute to the company’s advancement. I also believe that employees with useful skills should be given preference over unskilled employees who may not be preforming adequately or require additional training to attain the skills needed to do their jobs. Finally, in their ultimate decision of who to layoff, companies
This issue does not have any resolutions or a solution. You could consider taking the advice of an immigration lawyer but you will be putting yourself under the scrutiny of the INS
Identify the potential risks which affect the company and manage these risks within its risk appetite;
In an effort to gain a working understanding of the Human Resources field, I chose to interview the Director of Human Resources for an organization in Miami, Florida. What I learned goes far beyond any classroom or textbook instruction. It is clear; the field of Human Resources will never be static, as society, technology, and legal environments change, so will the field of Human Resources.
A wrongful termination is what happens when the employer breaks a law when firing an employee. Workers wrongfully terminated from jobs may experience financial problems or emotional distress from discriminatory practices in their place of work. In case an employee is wrongfully terminated, they can seek compensation for lost salaries and sue for damages through the legal system.
I'm interested to know if that is still available and the same thing to be aware that the best of my ability and after that we are not allowed in the riot. Prejudice is a legal term with different meanings when used in criminal, civil or common law. Often the use of prejudice in legal context differs from the more common use of the word and thus has specific technical meanings implied by its use. Two of the more common applications of the word are as part of the terms "with prejudice" and "without prejudice". In general, an action taken with prejudice is essentially final; in particular, "dismissal with prejudice" would forbid a party from refiling the case, and might occur either because of misconduct on the part of the party who filed the claim or criminal complaint or could be the result of an out of court agreement or settlement.
In today’s modern business environment, human resources (HR) plays a critical role in keeping executives informed of key legislation and minimizing the organization’s risk exposure. Expectations are high and HR responsibilities are broad, including recruitment, retention, performance management, risk management, training and education, and employee safety, wellness, and benefits. When it comes to employment regulations and ever-changing legislation, executives rely heavily on HR professionals to be subject matter experts. Age discrimination suits are on the rise and post-termination lawsuits can be a real threat to an organization. The Supreme Court’s (SC) ruling on McKennon versus Nashville Banner Publishing Company (NBPC) increased an
The Unfair Dismissals Act 1977-2007 was set up to give clear guidelines on how an employer’s decision to dismiss an employee may be contested by an independent body. The main purpose of this Act is to shield employees from unfair dismissals. It also provides for an adjudication system and a redress system to those employees whose dismissals have been found to be unfair.
In proving a constructive dismissal case, an employee has to demonstrate that the employer breached the contract to the extent that you were left with no other option than to quit. Such a contract breach could involve the failure by your employer to pay your dues or a demotion without any basis. Other reasons could be an unhealthy and dangerous working environment, changes in your job that are outside your contract such as being forced to work night shifts, extended hours, etc. There are different types of constructive dismissal cases. 1.
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.
Terminating employees is often times the final step in a disciplinary process and if not done so properly leaves the organization open for risks (Fraser & Simkins, 2010). There are four reasons that employees are employment is terminated; poor performance, misconduct, not qualified, and task modification. Poor job performance means the employee does not performed their job well and can include attendance issues. In many organizations, such as AT&T there is a performance management process which gives the employees time to improve their performance; if there is no improvement the last step of the process is termination. Misconduct is when employees purposely violates the organization code of conduct; examples are workplace violence and thief.
Layoffs are one means by which an organization can reduce expenses with the intent of improving its bottom line. Despite being typically performed as a last resort, layoffs often have a negative impact on the remaining workforce. As a manager, there are numerous areas for concern in managing the workforce going forward. The human costs related to downsizing are “immense and far-reaching” with one of the most profound being survivor syndrome according to Hanson (2015, p. 187). Also known as survivor’s guilt, this condition relates to the emotions felt by those still employed and some of the effects include decreased motivation, moral, and job satisfaction, as well as an increased proclivity to search for other employment. This volunteer turnover being another grave concern for managers, and retention of the remaining workforce is usually dependent on their existing perception of the organization and its culture (Sitlington & Marshall, 2011). Also relayed by
Reed, S. M., & Bogardus, A. M. (2012). PHR/SPHR: Professional in human resources certification study guide (4th ed.). Indianapolis, IN: Wiley Publishing, Inc. ISBN-13: 9781118289174
Retrenchment can be a very ethical process if implemented correctly. According to the utilitarian view of ethics, decisions are measured as morally right or wrong depending on their end result (Parnell, 2014). In most cases, if the utilitarian view of ethics is used, retrenchment decisions are based on their consequences to the employees, and the plan that creates the greatest good for the greatest number is the one that the company will attempt to implement first. In instances such as this, managers must do everything in their power to take care of all entities that will be affected. Managers need to be aware that the way they handle departing employees is an essential element of the retrenchment plan. To remain ethical, it is important that management is open, honest, and transparent about the process; as well as supportive and caring of all that will be affected (Morris, 2012). Retrenchment can have a lasting impact on those who are let go as well as those who remain, which may produce short-term morale, communication, and productivity issues and ultimately may threaten the business’s performance in the long-term (Morris, 2012). Parnell (2014) states that management should explain to all affected entities why the retrenchment is necessary and how the employees who are to lose their job will be selected and how they will be supported after the retrenchment is executed. Morris (2012) feels it is important to also offer information about future career development options for remaining staff, clear delineation of how workloads will be managed, employee expectations going forward, and what the company will do to help training and teaching of new skills to those who have taken on differing roles and