Assignment 2: Employment Laws
Health Services Human Resource Management
July 29, 2012
This paper will discuss employment laws that need to be most closely monitored in your organization and state, a sample job description for the role I am employed within an organization and how I would protect the organization from claims that what employees are asked to do once hired were not a part of the job description, the steps that should be taken to protect the organization from possible litigation when hiring a new employee, and steps you should take to protect your organization from possible litigation when terminating an employee.
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Currently, most employers feel it is their right to read and intercept private Electronic and Voice Mail of their employees. It is understandable that workers often feel as if their rights were violated if personal e-mail was intercepted or read without their permission. However, many employers feel that by reading e-mail, they may be able to prevent personal use or abuse of company resources, employee theft, and/or espionage.
Yet, employees feel differently about this issue. They feel that if e-mail is addressed to their name, no one else has the right to read it. Ethical issues arise regarding the right to privacy. Legislation has been brought forth to try and resolve such issues, but the debate rages on. Many companies still intercept e-mail and voice mail, based on legislation that states that if an organization gives prior consent, they protect themselves against the risk of liability, by notifying employees their e-mails may be read. (Mujtaba 2012).
A sample job description for the actual role I perform within the organization that I am employed is, providing support services for resource parents also known as foster care parents by ensuring a nurturing, secure atmosphere and custodial care for children who require residency outside of the home of their biological family or for children preparing to be placed in permanent homes through adoption. The term “providing support services” sums up the fact that an employee works at the convenience of consumers. For example, the employee should make themselves available to support consumers with all concerns that arise in any situation; even when it interferes with one’s personal life.
Purdue University states that “the hiring process poses legal pitfalls if conducted incorrectly; the more informal the process, the more vulnerable you are to regulatory investigation, charges of discrimination and negligent hiring, and lawsuits” (p.9). I would protect the organization from claims that what employees are asked to do once hired were not a part of the job description by having new hires sign a job description form that describes and outlines the expectations of the employee, realistic or not, and all possible circumstances that could fall under the umbrella of “providing support services”. Possible circumstances that could fall under the umbrella of “providing support services” could alter job description in possible emergency situations.
The steps that should be taken to protect the organization from possible litigation when hiring a new employee not asking discriminatory questions during the interview, providing the applicant with a clear job description and the expectations of employee, and explaining to the new applicant that the employment position within the organization is “at will”. Discriminatory questions could be those of age, health, marital status, race, religious affiliation, and also inquiring if an applicant has children. The fact is that none of the topics outlined has a...