According to “Georgia Secretary Of State ” (2013), “The National Labor Relations Act provides for employee rights to organize, join unions, ND engage in collective bargaining’ (What Georgia Employers Need To Know Courtesy of the State Bar of Georgia). It is against the law for an employer to discharge an employee for participating or independently organizing a union. “Georgia has a “right-to-work” law which prohibits interference with employment to compel any person to either join or refrain from joining a union” (“Georgia Secretary Of State “, 2013).
In this situation the Anderson Cost Club is not in jeopardy of being liable for discharging the two former employees. Regional Coo’s – Reducing Employee Costs As businesses struggle to improve the bottom line, alternative staffing provisions is a way for the company to meet its financial obligations. However, please understand the importance of being careful when determining the classification of an employee and independent contractor. To briefly explain the difference between an employee and independent contractor, first the organization should be clear on how an employee or independent contractor is distinguished for tax purposes.
An independent contractor is responsible for paying his or her own self-employment taxes and is in business for oneself. An employee is hired by the organization to perform specific duties outlined by the organization. The organization is also responsible for deducting Social Security/Medicare taxed from employees and paying an amount to the Social Security Administration (Murray, 2013). The IRS has set rules in place to identify if a person hired should be classified as an employee or independent contractor.
The two types of criteria are behavioral control, financial control, and relationship type. The behavior control relates to the duties, hours, training, tools and performance the employee is likely to repeat daily. With an independent contractor sets his or her own hours and does not participate in training. This person is independent. The financial control mainly is how an employee receives his or her compensation. The relationship is the contract, which indicates independent contractor. The employee will receive information on employment, benefits, and the type of work the employee will perform.
To circumvent being challenged with unforeseen legal issue it is suggested additional advice from the legal department prior to moving forward with this initiative. Safety Manager’s Concern about Injury and Damages To address the situation at the Springfield store, “Under a legal doctrine sometimes referred to as “respondent superior”, an employer is legally responsible for the actions of its employees” (NYLON, 2013). While working an employee must follow the policy of the company and not have a physical altercation with fellow employee or customers. Therefore, the Springfield store will be liable if the customer file suit.
In regard to the Hillsboro store situation involving the employee who made arrangements during working hours but performed the job outside his work hours and was not representing the many at the time of the installation, the company is not liable. The same law previously mentioned respondent superior however exceptions apply; because the employee acted independently or purely out of personal motives, the company may not be liable (NYLON, 2013). In regard, to the real estate agent acting on the behalf of the organization; the most important information is to discover the scope of his or her authority to act on the organization behalf.
This is all based upon fact of was the agent authorized, apparently authorized, or did the agent have the power to authorize a transaction with a third party. According to “Us Legal ” (2013), ” A principal may be liable to a third person on account of a transaction with an agent because of the principles of estoppels, restitution, or negotiability, although he/she may not be subject to liability based on principles of agency” (Rights, Duties, and Liabilities Between Principal and Third Parties).
The agency limitations must be known in order to justify if the organization if liable for the loss of business. Furthermore, according to US Legal (2013), “Unless the principal commands or directs the act, a principal is not liable for the torts committed by an agent while acting adversely to the principal r outside the scope of the agent’s employment (Rights, Duties, and Liabilities between Principle and Third Parties). Resolving Disagreements that arise in Employment There are several alternatives, as an organization the company can use to settle issue between the business and employee.
Alternative Dispute Resolution (ADAIR) refers to different methods of resolving disputes the non-traditional way. The arbitration procedure in when the parties involve agree to submit the dispute to an independent neutral third party. This person will listen to each side argument ND evidence regarding the dispute and make a decision that is [binding by both parties. Mediation is when an outside party is hired to help the parties involve coming to a mutual decision or settlement. The mediator helps to maintain order and suggest various options to help both parties reach an agreement (Useless, 2013).
Ombudsman is when a specific manager or executive is selected by the organization to facilitate internal disputes between the company and employees (Selenga, 2013). After reviewing the disputes listed in the scenario, Ombudsman is the ADAIR most likely to help the organization solve many of the ending disputes between employee and the company. Legal implications of Employment-related Processes Employment concepts for employee performance, training, evaluation, and promotions can be achieved by simply implementing a performance management process.
The process involves performance reviews as part of an ongoing process to help deliver real results to employee. The performance management process will assist managers to evaluate and measure the performance of the employees to improve productivity. By implementing a performance management plan the company will positively impact job attestation by identifying career paths of employees, develop training opportunities to enhance work performance, develop a reward or recognition for employees, set clear expectations for employees, and most important develop advancement opportunities and the path to success advance within the organization.
To gain the buy-in from the employees the company must clearly communicate the plan and provide employee with objective to begin the process. This can be a win-win for the organization and the employees.
