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PART 5
STAFFING ACTIVITIES:
EMPLOYMENT
Chapter 12:
Final Match
Organization Strategy
Recruitment:
Selection:
External, Internal
Job Analysis
Employment:
Decision-making, Final Match
EMPLOYMENT CONTRACTS
Requirements for Enforceable Contract
Parties to Contract
Form of Contract
Disclaimers
Contingencies
Other Employment Contract Sources
Unfulfilled Promises
12-4
EMPLOYMENT CONTRACTS
(CONTINUED)
Requirements for Enforceable Contract
Offer
Acceptance
Consideration
Parties to Contract
Employee or Independent Contractor
Third Parties
12-5
EMPLOYMENT CONTRACTS
(CONTINUED)
Form of Contract
Written Contract
Does the company mean to be held to this?
Where appropriate, avoid using words that imply binding
commitment.
Make sure all related documents are consistent with one another.
Always have a second person review what another has written.
Look at the entire hiring procedure.
Oral Contract
One-year Rule
Parole Evidence
Suggestions
12-6
EMPLOYMENT CONTRACTS
(CONTINUED)
Disclaimers
Oral or Written Statement explicitly limiting an employee
right and reserving that right for employer
Recommendations for Enforcement:
Clearly stated and conspicuously placed in appropriate
documents.
Employee should acknowledge receipt and review of the
document and the disclaimer.
Should state that it may be modified only in writing and by
whom.
The terms and conditions of employment, including the
disclaimer, as well as limits on their enforceability, should be
reviewed with offer receivers and employees.
12-7
EMPLOYMENT CONTRACTS
(CONTINUED)
Contingencies
Extending a job offer contingent on certain conditions
being fulfilled by offer receiver
12-8
EMPLOYMENT CONTRACTS
(CONTINUED)
Unfulfilled Promises
Organizational HR Issues
Do not make promises unwilling to keep
Be sure promises made are kept
Potential Legal Claims
Breach of Contract
Promissory Estoppel
Fraud
12-9
DISCUSSION QUESTIONS
If you were the HR staffing manager for an organization,
what guidelines might you recommend regarding oral and
written communication with job applicants by members of
the organization?
12-10
JOB OFFERS
Strategic Approach to Job Offers
Job Offer Content
12-11
12-12
Restrictions on Employees
Short-term
Long-term
Acceptance Terms
Variable Pay
Hours
12-13
Reneging
12-14
12-18
12-19
Rejection
By Organization
By Offer Receiver
Reneging
12-20
DISCUSSION QUESTIONS
If the same job offer content is to be given to all offer
receivers for a job, is there any need to use the strategic
approach to job offers? Explain.
What are the advantages and disadvantages to the sales
approach in the presentation of the job offer?
12-21
Socialization
Content
- People
- Performance Proficiency
- Organization Goals and Values
- Politics
- Language
- History
Delivery
12-22
DISCUSSION QUESTIONS
What are examples of orientation experiences you have
had as a new hire that have been particularly effective
(or ineffective) in helping to make the person/job match
happen?
12-23
LEGAL ISSUES
Employment Eligibility Verification
Under IRCA, company is prohibited from hiring or continuing
to employ an alien not authorized to work in U.S.
Negligent Hiring
Workplace torts issue involving claims by an injured plaintiff
that plaintiff was harmed by an unfit employee who was
negligently hired by company
Employment-at-Will
Involves right of either employer or employee to unilaterally
terminate employment relationship
12-24
DISCUSSION QUESTIONS
What are the steps an employer should take to develop
and implement its policy regarding employment-at-will?
12-25