The issues against discharging an employee with any reason can be very harmful to any business. This opens the door for a lawsuit to any organization because, an ex-employee could file a lawsuit against the employer for alleging that they had been discharged wrongfully. The civil right law act in 1964 provides protection to the employees against wrongfully discharge. This describe that companies cannot terminate their employees basis of race, gender, skin, religion, color etc, (Employment law for business, 2007)”.) For example, if their at-will relationship exists between the employee and employer this does not mean that employer may terminate the employee, in a discriminatory manner.
This mean the organization has to follow the legal principles before discharging their employee. There are so many laws that protect the individuals even though we are an, at- will state. The Federal anti-discrimination law prevents employees from wrongful discharge by the employer (Lawson, 1998)”. This scenario does not say that the employees were not let go due to the basis of any reason. This lawsuit against the organization for wrongful discharge could be very risky for the Cost Club since there were no reasons for terminating their employees.
Reduction in Employee Costs
There are many ways to reduce company cost. One thing a company can do is to outsource their HR. This will help reduce the cost of the employee benefits program by bring in an outside company like GNA Partners. The GNA Partners have many ways to save the company money but, may bring cost to the workers. The GNA Partners provide negotiation insurance rates, which the plan cost are determined by what age group the employees fall into. Next the company can choose higher deductible plans, which this reduces, the cost of benefits plan. • The business can offer robust benefits package by making their employees contribute. • Using different types of workers like temporary workers, contract employee, part-time employees, employees and, non-employees work hours. These job types can be helpful to accomplish the seasonal demand of the organizations plus can cause the increase within the organizational performance.
The organization knows all different categories of workers who can hire to save money for definite and indefinite period. Organization understands that temporary workers directly reports to the employer and receive their reimbursement from the company. When a company hires a contract employee, temporary and, part-time employee they know that they do not have to pay this employee benefits or high rates. Like vacation, sick, and part-time workers are usually define a workers, who have shorter working hours other fulltime workers. The rules, policies and, procedures for the part-time employee are not the same as the regular employees but quite different from the temporary workers” (Part Time and Temporary Employees, 2009). According to “Bennett-Alexander, & Hartman, “by hiring independent contractors, the cost of overtime is eliminated (the federal wage and hour laws do not apply to independent contractors) and the employer is able to avoid any work-related expenses, such as tools, training, or traveling.
The employer is also guaranteed satisfactory performance of the job for which the contractor was hired because it is the contractor’s contractual obligation to adequately perform the contract with the employer, while the employee is generally able to quit without incurring liability (Employment law for business, 2007)”. For example, the company manage is an employees work who sets an employee’s schedule, along with deciding the method the employee uses to perform their work. An independent contractor is a person who provides particular services to an organization. Whether it be a short or long-term assignment. This is very effective low cost and saving the companying money because; temporary, contract or part-time employment arrangements provides several benefits to any business.
Injury and Damages
According to Tort Law, the Cost Club will be liable for the misconduct of employees with the customers. Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others (McCarthy & Cambron-McCabe, 1992). Tort laws involve civil suits, which are actions brought to protect an individual’s private rights. The second situation, the employee is liable for physical harm to the customers’ property. Therefore, the company who hires the employee will be held liable for their employees negligent.
The last situation, the business will not be liable for the acts of a real estate agent, because, the real estate agent is not controlled by the business. Therefore, the Cost Club should let their customers know they, are not responsible or that the real estate agent is an independent and organization contractors and that they have no control on his or her activities so, Cost Club will not be liable for the tort of him or her (Tort Liability Basics: Strict, Vicarious, and Joint Liability, 1999). Resolving Disagreement Processes
Resolving disagreement between company and its employees, the can
• Set up a subject box • Have a meeting once a week with the manager, and employees to discuss the problem that may arise between co-workers and managers. • Includes third party as the mediator between employees and company. • Grievance procedure, corporate due process, mediation etc., • Clear as the formal complaint by the employees that they are behaved wrongly by the management decisions (Open door policy) These steps can be very effective to resolve between most companies’ problem. Which, if not settled could cause a big problem like violation of law, and just a perception of unfair treatment by the employees and managers. This method has to be effective in order to achieve long-term success and to facilitate and to accommodate between the employees and the company.
Employment Law Concepts for Selection
Employment law concepts for selection would include several legal implications. According to Bennett-Alexander, & Hartman, “the Civil Rights Act 1964 prohibits the employers from discrimination among the potential employees on the basis of race, gender, color, region etc. in its recruitment and selection process. The next step is once the employee is hired, the company should make sure they follow steps are, training, appraising, compensating, and implementing employment decisions that determine such things as promotions, transfers, and layoffs” The selection procedure should also be job related and concern with the business necessity. The company should always follow the State HR Laws, and all the employees should be treated fairly and equally (Employment Tests and Selection Procedures, 2008). The Age Discrimination in Employment Act should also be considered in the selection procedure by the management.
Beatty, J.F. & Samuelson, S.S. (2009). Introduction to Business Law (3rd ed.). Cengage Learning. Bennett-Alexander, D. D. & Hartman, P. L. (2007). Employment law for business (5th ed.). New York: McGraw–Hill. Retrieved October 29, 2012 from University of Phoenix, rEsource. Part Time and Temporary Employees. (2009). Retrieved October 29, 2012 from http://employment.findlaw.com/employment/employment-employee-overview/employment-