Negligent hiring is the potential liability of an employer for actions of an employee who was selected for employment without adequately determining the person’s qualifications for the job. Negligent retention on the other had refers to the prospective liability an employer faces by retaining employees who it knows (or should know) a re not qualified to perform their jobs tasks or have mental or physical conditions or propensities that result in them being hazardous to themselves or others.
Discussion Employers need to do reasonable investigations on the prospective employees work experience, background, character and qualifications to avoid negligent hiring. The doctrine of hiring and retention provides that an employer have a duty to exercise reasonable care in selection and retention of his employees. The employer should be aware of the employee problems that make him or her unfit should avoid negligent retention. The employer should take further action such as investigating, discharge or reassignment.
Employers want to be sure their employees are doing a good job, but employees should not have their every sneeze or trip to the water cooler logged. This is where workplace conflict comes to foreplay. Employees are the greatest assets of any company and an employer should put much care in protecting their privacy. Employees should avoid providing all their information to their employers because such information could be used for identity theft as well as carrying out criminal activities such as fraud cases leaving the employee in financial problems.
Employers should also ban use of the new technology such as camera phones, digital cameras etc because offensive pictures of workers in private, embarrassing or intimate situations can be taken and sent to the net. Such technology can be used to conduct industrial espionage. In this cue therefore employers do are not obligated under any law to use devices that can intrude on the employees privacy. The employers under the contract terms reserve the blame if the employee get accident or injured during the working term. Under the labor laws the safety of the employees lies on the employer if the employee gets the injury at the point of work.
It is the mandate of the Contracting firm to provide safety and health measures at all costs to the working employees who forms the main component assets in the company. WS4DQ1-Merit pay Merit pay is pay compensation given to employee based on his/her productivity. Its based on the assessment of the employee’s productivity. Hoever merit pay is rarely used as most managers use it as a strategy to motivate those indiduals well known to him or her. Merit pay should be given based on competence in work. Hard working employees need to be rewarded; this should base on achieved measurable targets, units.
Merit pay should be included as part of organization package for various reasons. One is that merit pay enhances a vibrant competitive workforce and therefore eliminates laggardness in workplace. WS4DQ3-Kenneth Lay Lay was one of the Americas highest paid CEO in America. He was Presidents Bush Treasury secretary . He dumped large amounts of his Enron stock and encouraging his employees to buy more stock. As the highest paid CEO, lay never contributed much to the Organizations success; rather he greatly contributed to its downfall.
Thus, he was not entitled to the handsome package he was receiving, as he got filthily involved in scandals that amounted billions of shillings leading to the collapse of Enron. WS5DQ1 Workplace violence can take a heavy toll on a business in terms of liability, lost revenue and employee productivity. Tangible costs-medical bills, Antony fees, lost wages, security cost, rehabilitation and property damage. Intangible costs include; loss of staffs time, staff replacement, company liability, moral issues that affect productivity levels.
Preventing work place violence therefore means the management of the human resource should ensure the safety of work place. Work place violence can be prevented by; being always alert-no work place is safe, understanding what the problem is, developing a violence prevention plan and responding to emergency incidents. Such policies as; violence prevention plan should be put in place, the management should be at fore in been alert on any violence incident, developing a good working environment and cultivating on maintaining good teamwork relations.
This is because when there is good relation among the workers, there is low chance of violence. WS5DQ2 Federal Osha does not have jurisdiction over those employed by state, county, city or municipal governments. However, several state plans do cover such public sector employment. State with approved state plans and in accordance with section 27-a of the PESH act, New York adopts and enforce occupational safety and health standards in the public sector which are identical to OSHA’s.
For instance public schools must comply with same fire protecting standard as private schools, but the standards are promulgated and enforced by the state. The California department of occupational safety and health differs with the federal OSHA agencies in the sense that, states have option to establish regulations for hazards not covered by federal standards or more stringent standards than those promulgated by OSHA, which California does. California state agencies standards cover more ground and stringent than federal OSHA’s.
Mainly, California OSHA agencies differ from federal agencies in such areas as; requirement for injury and illness prevention program (IIPP), hazcom standards, permissible exposure limits (PELs) and Ergonomics. OSHA’s has continuously been involved in voluntary protection programs, which has indicated effective management of safety and health protection improvement in employees moral and productivity. WS6DQ3 The involvement of unions in social policy areas and participation in self-governing bodies of national social insurance scheme has been the role of unions in Germany.
With the increased importance of private pensions, trade unions have enhanced their collective bargaining role in this area. Besides unions have seized opportunities to enhance their role in collective regulation of state imposed privatization. Trade unions over the recent years have had their membership dwindling ageing of membership and lacking support among young employees. This is because the top management or leaders in the unions have taken it as their platform to pursue their welfare as opposed to the welfare of the members in the collective bargaining.
WSDQ3 The NLRB does not include coverage for all workers. These include individuals who are employed as agricultural laborers, domestic servants, parents or spouse, independent contractor, employed as supervisor, employed by an employer subject to railway labor act, employees by federal state or local government and those employed by any other person who is not an employer as defined by NLRB. These employees do not have right to form unions as other workers since they are not within the NLRB jurisdiction.
In one case, NLRAB was unsure how to define ‘supervisor’. Individuals who are supervisors would not be included in the bargaining unit potentially represented by unions or allowed to vote in the elections. The court ruled that this NLRB judgment is unfair. The court said there were no statutory basis for excluding ‘’professional or technical judgment’’ from joining unions. The basis of the argument therefore is that each party in work environment has a stake in forming a labor union.
Courtney from Study Moose
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