If employees sign explicit disclaimers that employment is at-will, courts typically find that handbooks don't create long-term employment contracts. The court in Woolley found that the form and placement of a handbook disclaimer is very important (Employee Handbooks and At-Will Employment ibid). An effective disclaimer is a clear statement by which the defendant reserved the unambiguous right to terminate employees without cause (Exceptions to the employment at will doctrine, 1997, p. 8). All that needs to be done by the employer is the inclusion in the personnel manual in a very prominent position of an appropriate statement that there is no promise of any kind by the employer contained in the manual; [….] and that the employer continues to have the absolute power to fire anyone with or without good cause (see At will employment in New York and New Jersey, p. 4 with references to the Woolley court decision). For example, a court is likely to enforce a handbook term on firing someone only for good cause if a contrary disclaimer is placed at the end of the handbook. However, a clear and prominent disclaimer does support an employer's intent not to create a contract when the handbook does not make express promises (Employee handbooks and at-will employment, p. 1). Conclusions: At-will employment can be surrendered by policies that are inconsistent with it, such as a binding progressive discipline policy (Williams, 2002, p. 8). Typical steps in a progressive discipline doctrine may include the following: Counseling employees about performance issues and obtaining feedback on the employee's understanding of the requirements; Verbal warnings...
(see Konchan, October 2005, p. 4; Billikopf, 11 August 2006, p. 4). Both sides should be clear on employment status and the legal implications of having an employment handbook with binding provisions on a progressive employee discipline policy in a personnel manual on the hand of the spectrum and a clear and prominent disclaimer regarding such policy on the other hand of the spectrum. Employers should regularly review all of their personnel policies and procedures, as well as employee handbooks and other written personnel documents, to ensure that no promises are made that could be construed as a binding contract (Konchan, October 2005, pp. 4f.). Fairness, honesty, and candor with employees seem to be keys to defending against or successfully avoiding costly employment-related lawsuits (see Konchan, October 2005, p. 5).
Employee Training and Career Development The role of training in an organization's development For organizations to ensure their employees are equipped with the right knowledge, abilities and skills to perform their assigned tasks, training and development assumes a critical role towards the success and growth of the business. When providing appropriate training, organizations ensure that their employees own the right skills for the business and these skills must be continually updated based
318). Another important concept in steps toward dealing with problem employees is the term coaching, which if done correctly can be a positive tool to bring a problem employee back into productivity. Coaching usually involves one or more managers sitting down with the individual, pointing out both positive and negative issues he or she may be having, an allowance for the individual to have input in the concerns and should
Employee Seperation Procedures Employee Separation Procedures A common challenge for many firms; is being able to create effective employee separation policies and procedures. This is because various regulations require everyone to follow specific practices in order to ensure that someone is discharged for actual causes from failing to meet certain requirements of the job. Those organizations who ignore this, will find themselves the subject of increased amounts of ligation for wrongful termination.
Employee Training in a Culturally Diverse Workplace Workplace training is vitally important for any company -- whether the company has mostly native-born experienced workers or a culturally diverse workforce including recent immigrants. But when it comes to training needs for culturally diverse employees there are strategies that should be applied and fine-tuned, and this paper addresses those strategies and tactics. Thesis: Old training models -- used by HR departments and in
"Maslow's central theme revolves around the meaning and significance of human work..." (Motivation Theorists and Their Theories) This is a theme that in encountered repeatedly in many existential views of human motivation. Maslow therefore developed his elegant but essentially simple theory of the different levels of human motivation. The basic human needs, according to Maslow, are: physiological needs safety needs; love needs; esteem needs; self-actualization needs Motivation Theorists and Their Theories) It must be
Employee Motivation in Global Economy Motivation is the key to success in every organization regardless of the nature of work in which it is involved. This is because employees today are no longer the 'hired hands' of organizations but are instead viewed as human capital that is essential for long-term success of the firm. Every organization therefore believes in extracting the best out of this capital and for this purpose motivation
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