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Recruitment, Selection, Placement

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Should organizations take steps to retain employees with performance or discipline problems, or just fire them? Explain why. In the explanation, discuss how the value of personal development applies to this question. Please use 2 references

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Should organizations take steps to retain employees with performance or discipline problems, or just fire them? Explain why. In the explanation, discuss how the value personal development applies to this question.

One of the major issues that all organizations face is dealing with poor performers in the workplace. No company is exempt from this. Unfortunately, these employees are generally a small percentage of the total workforce; however, they can consume a large majority of management and HR's time (Whithenshaw, 2011).

In order to successfully maintain a productive and cooperative work environment, managers in an organization have to determine what their strategy is going to be for handling these employees and their various issues as it relates to poor performance and disciplinary situations in the workplace (Aguado, 2010).

To help develop a strong working strategy for dealing with poor performance and disciplinary situations, organizations have to completely understand and abide by the many laws and regulations that are abundant in today's litigious society, especially in regards to terminating ones employment. In addition, there is very clear human resource research and data that shows it is better for an organization to put in place steps to help correct performance issues and also have a progressive disciplinary system that allows the employee and the company an opportunity to correct behaviors and retain the employee as opposed to 'just firing them' if they have an issue (Aguado, 2010). In fact, in the United States, employment laws in every state, even right to work states, protect employees in almost all cases from instantaneous termination if the company does not have clear policys, standards, expectations, and documentation to support such actions. In other words, the organization needs to have steps that are in place to help retain the employees who meet retention criteria, and try this approach first except for the cases of blatant misconduct or other situations such as work place violence or theft where the employee should be terminated instantly (Aguado, 2010).

So, for performance issues, the company needs to have a clear set of expectations for each job and a training program that supports employees and their ability to be successful in their day to day objectives. In addition, the company needs to train its supervisors to provide clear guidance and one on one feedback regularly that helps ...

Solution Summary

Recruitment, selection, and placements are examined. The solution discusses the value of personal development which applies to the question.

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See Also This Related BrainMass Solution

Employee vs. Contractor (Recruitment, Selection and Placement)

See the attached files.

"In exchange for these advantages of using independent contractors, the employer substantially loses the right to control the contractor. In particular...the employer cannot dictate where, when, or how the work is to be done."

Using the attached articles below, discuss your opinion of the FedEx/IRS case in light of that quote from my textbook above. Include your own experiences with independent contractors, if applicable.

Background information:

Independent Contractors

As part of its staffing plan, the employer may hire independent contractors. An independent contractor is not legally considered an employee, however. Therefore, the rights and responsibilities the employer has toward the independent contractor are different from those for its employees. Classifying and using a person as an independent contractor frees the employer of the tax withholding, tax payments, and benefits obligations it has for employees. It may also reduce employer exposure under laws and regulations governing the employment relationship, such as nondiscrimination (e.g., Civil Rights Act) and wage and hour laws.

In exchange for these advantages of using independent contractors, the employer substantially loses the right to control the contractor. In particular, while the employer can still control expected results, the employer cannot dictate where, when, or how work is to be done. Thus, the employer loses control over the means (work processes, tools, equipment, work schedules, and so forth) by which the work is performed.

Beyond this crucial distinction, the line of demarcation between what constitutes an employee and what constitutes an independent contractor is often fuzzy. Numerous other factors come into play. For example, a person is more likely to be considered an independent contractor than an employee in the following situations.

Working in a distinct occupation or business
Working without supervision or oversight from the employer
Paying one's own business and travel expenses
Setting one's own work hours
Possessing a high degree of skill
Using one's own tools, materials, and office
Working on a project with a definite completion date
Working on relatively short projects
Being paid by the project or commission rather than by the time spent

These examples are based on common-law interpretations and on a list of 11 criteria used by the Internal Revenue Service (IRS) to classify people as employees or independent contractors. Misclassifying people as independent contractors can result in substantial tax liabilities and fines for the employer. The IRS has stepped up its audit of employees to combat a trend of classifying people as independent contractors in order to gain staffing flexibility and save on labor costs.

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