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Formative Essay-Employment At Will Essay

1. How is employment-at-will applied in your organization or in one with which you are familiar? To what extent do the exceptions to employment-at-will limit its application in the organization? How might managers in the organization use knowledge of employment-at-will and its exceptions to protect the interests of the organization? An employment-at-will relationship where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law (Bennett-Alexander & Hartman (2007))

The company I work at talks about how they reserve the right to terminate your employment without notice and without receipt of any Corrective Action Agreement, for any reason during the first 90 days of employment and beyond. It goes on to give a list of actions or attempt of actions that will result in the company using the Corrective Action Agreement. 2. What are specific examples of roles that are filled by employees and others that are filled by independent contractors? Use examples from your employer, industry, or an employer or industry with which you are familiar. What do the employees and independent contractors have in common and how do they differ in dealing with employers? How might temporary employees be characterized in the organization or industry you select? Within the company there are several departments: break-n-shear, welding, upholstery, sewing, cutting, electrical, wood shop, and shipping.

The departments that do not use temporary workers are break-n-shear, electrical, welding, and since accident on friday cutting will no longer employee temporary employees. During our busy season (four months a year) the company hires temporary workers for sewing, upholstery, assembly, and shipping. The main difference is filings with IRS, benefits, and places to go, such as department of labor to file grievances.

The subcontractor receives no benefits, less of a liability, and nowhere to file a grievance except small claims court. When I first started working at the company, I was hired as an employee; with full benefits as benefits became available. The owner came to where I was working as a head sewer and told me that if I came to work with him that his intent was to make me manager of the sewing department. As the company grew, so did the subordinates underneath me. I started getting sick. Owner wanted to keep me and make adjustments. I went out on medical leave and quit because I can no longer do the job. Owner talked me into coming back as subcontractor. I asked for written definition and term.

The only people I answer to are the foreman, HR, and owner. Depending on subcontractor hired to do will determine who the subcontractor answers to; not all mangers’ have that concept at work but will after the training. When the job I was hired for is done my work at company is done. I receive no benefits the tax forms are different; I am responsible for taking taxes and FICA out (paying). I am less of a liability than a regular employee. I am also paid a percentage not hourly pay. Other subcontractors are hired through temporary employment agencies.

The company pays the agency based on an hourly scale for each temporary employee and the agency in turn pays the subcontractor. At the end of the busy season if a position opens up then one of the subcontractors would be offered a positioned. Subcontractors are not trained and employees are cross trained is the major difference besides what was previously mentioned. The company has a policy that anyone who gets hurt on premises the company pays the medical; for everyone including employees, subcontractors, and guests. The company views it as responsible and less of a liability (proactive approach).

References

Bennett-Alexander, D.D., & Hartman, P.L. (2007). Employment law for business (5th Ed). New York: McGraw-Hill.


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