t is of indefinite duration, the employer can terminate the employee for good cause, bad cause, or no cause at all.” However, even the ‘at will’ employees are entitled to a number of legal protections against unlawful discrimination with regard to the termination of an employee. These are known as exceptions of the at-will employment.
While discussing the exceptions of at-will employment recognized by the United States, there are three major types of exceptions commonly found in the states. First of all, there are public policy exceptions to employment at will through which the termination of an employee is considered wrongful if it violates the well-established public policies of the state. For instance, an employer cannot terminate an employee if the latter refuses to break the law at the request of the employer. Public policy exceptions are the most widely exceptions that are recognized in most of the states in the US.
Then there are implied contract exceptions where the employer cannot terminate the employee if an implied contract is formed between the two even without a written instrument. In case the employer terminates an employee in violation of an implied employment contract, then possibilities are that the employer will be found liable for breach of contract. It is important to note that implied employment contracts can be created by the employer’s oral or written assurances regarding job tenure or disciplinary procedures. However, it is often found that the fired employee has to bear the burden of proof.
The third type of exceptions are the covenant of good faith and fair dealing exceptions. Under this exception, an employer cannot terminate the employee in bad faith or motivated by any personal hatred. Courts that recognize such exceptions are found to have recognized two types of contracts - a) covenants implied in fact and b) covenants implied in law. For example, covenants implied in fact include repeated promotions and pay increases ...
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“Legal Aspects of Human Resource Management Essay”, n.d. https://studentshare.net/miscellaneous/384342-legal-aspects-of-human-resource-management.
The paper includes a discussion on the aspects in which organizations practice HRM and the issues arising after implementation of HRM. The paper includes major discussion on the issues pertinent to job satisfaction of employees, selection of employees on merit basis and uprightness of Human Resource Managers.
In the contemporary market characterised with intense competition, most organisations have diverted from conventional perception of human resource as passive resource that can be manipulated to get things done.
The main objective of the international human resource management is to minimize the risks related to the global human resource (Czenter, 2002). International Human Resource Management also attempts to evade cultural risks along with regional differences.
All the analysis of the case studies tries to link the human resource functions with the strategic mission, vision and objectives of the respective organizations. The HR practitioners are all involved in some personal issues that might affect the real goals of the respective organizations, and hence, strategies should in place to iron out the issues such that it does not affect the goals of the organization in one way or the other.
According to the paper multinational companies have been confronted with stiff competition for the past few decades. Forces of globalization such a use of e-marketing, linearization of international trade, product integration and marketing research have all posed profound impact on the way companies may improve their business performance.
Diversity and its management is becoming a policy concept choice of UK organizations across the public and private sectors. (European Commission 2005) Though there are ongoing discussions and debates on the nature and scope of equal opportunities, conceptually the idea has been developed into as a framework for redressal of group-based discrimination by adopting a range of procedural measures.
As a result of these developments, HRM has become a major thrust area where the focus is on synergizing and propelling organizations to seamlessly integrate with the macro environment. The field of HRM can become a greater strategic contributor to organizational performance and success (Mathis and Jackson, 2003).
Current studies have observed strategic human resource management (SHRM) as a means of augmenting firm's competitive gain (Bamberger, 2000). Researchers and practitioners have widely acknowledged this strategy to firm's policy scheduling. SHRM is the sample of planned human resources operations and actions proposed to facilitate an organization to attain its intentions.
Apart from this, the essay will evaluate the function of human resource management that contributes to the effectiveness to an organization. At the same time, impact of the legal and regulatory framework in case of human resource management will be evaluated.
Basically, the success or failure of an organisation lies on the hands of its employees (Nankervis, Compton & Baird, 2008). Generally, organizations involved in the provision of services such as health
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