Pertaining to the administration, Cost Club is systematized into regions, and every region fosters its individual operational policies inasmuch as a moderate customer service and a low cost bottom line is perpetuated (University of Phoenix, 2012). There are various chronic human resource issues in a workplace that are to be focused on. Prospective illegal discharges are the first associated issue at the Anderson Cost Club store. The second related issue is the depreciation of employee costs by helping the regional CEO; proposing the application of ephemeral employees and independent contractors. The third issue comprises of the determination of Cost Club’s legitimate responsibility in three distinct circumstances as a consequence of vendor or employee error. The fourth issue is the proposition of possible choices to resolve the conflicts between the company and its employees. The final issue aims at the concepts associated with the Employment Law that may emerge in personnel actions and helping in the instruction of best practices in the areas of employee promotion, selection and performance assessments. Message 1: Discharges at the Anderson Cost Club store
The state at which the Anderson Cost Club store is located is a right-to-work state, in which people own the right to determine upon joining or financially substantiating a union. This has no relationship with the reasons involved in terminating employees from Cost Club. This termination was done by the GM of the store as an action preceding the process of downsizing. Despite this being a valid reason, the GM was unsuccessful in documenting this information during the termination and stated that he trusted that the restriction to fire employees was unavailable. However, this argument is not legitimate. If the store is located in an at-will state, then the employer holds the right to terminate an employee, unless the involvement of any contract, even without any lawful reason. Even in this case, it is always better that the company maintains a detailed record about the reasons pertaining to the history of the termination. An employee can accuse the company for multiple reasons.
These include: retaliatory, military leave, constructive, other tort liability or constitutional protections. During future terminations, the GM must ensure that the proper reasons for termination are recorded as paperwork, to avoid any prospective liabilities on the company. Message 2: Regional CEO’s question about reducing employee costs It is legal to employ, in order to reduce costs, supernumerary employees and independent contractors. To secure Cost Club, some preventive actions should be taken to avoid misinterpretations concerning these employment relationships. Irrespective of the job’s type, an archive between the company and the independent contractors should be formulated, comprising of the job’s duration, its nature, the compensation offered and the relationship type. Contractors are not offered with tax benefits and therefore, are accountable to pay their taxes on their own. The responsibility of recruiting temporary workers are outsourced to staffing firms and these employees can avail for benefits from the organization, if any, via these firms.
These employees do not possess job protection and are prone to termination at any point of time. The costs induced on the company by regular employees are way reduced by both temporary employees and independent contractors, and these workers also offer additional support in meeting the company’s business demands. As there is no entrusted interest on these employees, the company does not have to train or offer benefits to these employees. If an employee or a manager of the Cost Club offers consent to a temporary contractor or an independent contractor, the company could be led to prospective legal issues. Message 3: Safety Manager’s concern about injury and damages A customer was assailed by a customer service associate. What was the action taken by the management? Does that employee have a workplace brutality history? Does the company own proper documentation of the employee’s previous violent acts? What does the performance evaluations of that employee displays?
Cost Club should examine its operations to find out if they were delinquent in placing a customer in a harmful situation. The company must also make sure that, to avoid any possible filing of liability by the customer, it was acting with assiduousness in recruiting that particular employee. It should also ensure that the employee was properly instructed about the company’s policies and policies regarding workplace violence. When the employee was setting up the television at the customer’s’, he should have been in the ambit of employment. He was paid $100 by the customer for the completion of task. If the employee was out of the employment scope, then the customer had hired him at his or her own risk and holds responsibility of all damages. Else, Cost Club holds the oblique responsibility of the damages caused by the employee. As indicated in the contract, Cost Club is lawfully bound to purchasing the huge building site. The owner of the property can accuse the company for violating the contract or for violating the good faith pact. Although there is no purchase agreement, the real estate agent represented the company, affirming the purchase of the property. Message 4: Resolving disagreements that arise in employment
The disputes between employers and employees can be resolved by using the different ways offered by the Alternative Dispute Resolution (ADR) method. This method reduces costs and the lengthy public trials. In the concept of arbitration, a neutral third party arrives at a final decision by examining the arguments and evidences presented by both parties. One other form of ADR is mediation. This method enables both parties to arrive at a mutual decision, rather than the involvement of a third party. In the case of Cost Club, mediation is the best practice that can be followed, to maintain a prospective future relationship with the employee.
Message 5: Legal implications of Employment-related processes The selection process is usually initiated with application. The questions on the application should be business oriented and also nondiscriminatory. Questions associated to health inquiries, disabilities, and employees’ compensation history are strictly prohibited by the Americans with Disabilities Act of 1990 and the Federal Law. An interview is analogous and can never be biased with regards to the information beseeched conjointly with the method by which the interview is regulated (Bennett-Alexander & Hartman, 2007, p. 123).
Employers are allowed to check potential employees’ backgrounds in order to avoid careless hiring. These background checks may include the employee’s education details, previous employment, driving records and various other details related to the position.
The next step in the selection process is pre-employment testing in which potential candidates are tested for their abilities to perform the job. All employment tests should possess a direct association with the open position. Every employee must undergo similar hiring process.
The performances of employees are overseen by the employers through the performance appraisal methods. The most excellent way in which employers can have productive, nondiscriminatory performance appraisals or assessments is to determine the goals, ingress the present or past assessment, concede all existing alternatives, actuate an order of measurement (include commentary), determine the working of the chosen order and develop the new performance evaluation (Bennett-Alexander & Hartman, 2007, p.164). The consistent protocols on Employee Selection Procedures engage to teats and various other selection processes which serve as the foundation for making any employment related resolution; hence, the protocols organize the design and the application of performance appraisals (Bennett-Alexander & Hartman, 2007, p.164).
There are various chronic human resource issues in a workplace that are to be focused on. Prospective illegal discharges are the first associated issue at the Anderson Cost Club store. The second related issue is the depreciation of employee costs by helping the regional CEO; proposing the application of ephemeral employees and independent contractors. The third issue comprises of the determination of Cost Club’s legitimate responsibility in three distinct circumstances as a consequence of vendor or employee error. The fourth issue is the proposition of possible choices to resolve the conflicts between the company and its employees. The final issue aims at the concepts associated with the Employment Law that may emerge in personnel actions and helping in the instruction of best practices in the areas of employee promotion, selection and performance assessments. Bennett-Alexander, D. D., & Hartman, P. L. (2007). Employment law for business (5th ed.). New York, NY: McGraw-Hill. University of Phoenix. (2012). Scenario One: Cost Club. Retrieved from University of Phoenix, HRM 546 website