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Employment-at-Will Exceptions Paper University of Phoenix HRM 546 November 1, 2011 Introduction This paper will explain how xxx utilizes employment-at-will; how the exceptions to the employment-at-will doctrine are used to protect xxx and its managers, and will identify how and why xxx employs employees and independent contractors. This hiring strategy contributes to the economic health of the company. How is Employment-at-Will applied in my Organization? The general employment engagement at xxx is employment-at-will.
As described by xxx Code and Business Conduct and Ethics, “Nothing in the Code alters the employment at-will policy of xxx applicable to all U. S. employees. ” xxx is a publicly traded company, and because it contracts with the Federal Government is governed by regulations unfamiliar to private companies. According to California labor law, Section 2922, “An employment, having no specified term, may be terminated at the will of either party on notice to the other.
Employment for a specified term means an employment for a period greater than one month. ” Unlike most employees at xxx, however, senior management (senior vice-president level and above) work for the company on a contractual basis. Human Resources creates their employment contract, it is reviewed and approved by the Chief Executive Officer and xxx Board of Directors, and finally presented to the manager. How do Exceptions to Employment-at-Will Limit its Application?
Exceptions to the doctrine of Employment-at-Will originally protected an employee from inequities (wrongful discharge as an example) in the relationship between itself and the employer; although exceptions such as the Faltering Company Exception (Bennett-Alexander, 2010, p. 28) from Employment Law for Business is an exception that protects the employer. The exception, Worker Adjustment and Retraining (WARN) Act is a clear example of an exception that limits the strictest application of Employment-at-Will by requiring an employer to provide 60 day’s advance notice of a ‘mass layoff’ or ‘plant closing’ (Bennett-Alexander, 2010, p. 7). How do Managers use Employment-at-Will to Protect an Organization? Managers must be aware of which exceptions the state in which it operates recognizes. Each state in the United States can recognize a different set of exceptions to each other and interpret the exceptions differently. To protect themselves from litigation as in the example of breach of implied contract, an employer should strive to keep handbooks, employee electric portals and all forms of written communications current and accurate. Especially sensitive is the company’s standard process in dealing with disciplinary action leading to dismissal.
Roles of a Full Time Employee and Independent Contractor xxx is a multinational engineering firm with more than 48,000 employees worldwide. The company employees both full time employees and independent contractors. This hiring strategy is appropriate for xxx based on the global projects the company works on. The global projects require standardized job functions like project managers (full time employees); however, each project can require a specific knowledge base, depending on the scope of the work. Projects can require a hydrologist or an anthropologist.
Each project’s requirements are specific to the job and differ to each other. Economically speaking, employing a number of anthropologists full time with the expectation of a job assignment are not a cost savings strategy. Independent contractors fill the job assignment when needed while serving xxx is the most economical way. Although both the employee and independent contractor work for xxx their employment status differs. The employee can work on numerous projects, while the independent contractor may work on limited job relevant to his specific scope of knowledge. Conclusion
In summation, xxx Corporation is highly committed to a culture of employee development and satisfaction. The organization perpetually reviews and updates all human resources material to stay current in the ever-changing demands of state and federal regulations to serve itself and its employees. References Bennett-Alexander, D. D. , ; Hartman, P. L. (2007). Employment law for business (5th Ed). New York: McGraw-Hill. California Labor Codes (2010). Retrieved on October 26, 2011 at http://www. leginfo. ca. gov/cgi-bin/displaycode? section=lab;group=02001-03000;file=2920-2929