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Legalities of a Job Description

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As a human resources director for a mid-sized company, you have been asked to create and staff a new position in the company. Analyze the legalities of creating this new position and propose ways to mitigate the potential legal issues surrounding the filling of the position.

1. Use the concept map generator to create a basic concept map of a new position in a mid-sized company.

2. Analyze some of the legalities of creating and staffing the new position for which you developed the concept map in the above step. Include the following in the analysis:
a) A description of the legal considerations surrounding the creation of the job description for the position.
b) A description of the legal considerations surrounding the compensation offered.
c) A statement describing legally and ethically acceptable strategies for mitigation against potential legal claims surrounding the filling of the position.

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The consideration of employment law is a serious matter. When dealing with employees, both current and prospective, it is important to clearly define their duties, roles and expectations. Not only does this head off potential disagreements down the road, but is saves often costly legal disputes when disciplinary action is taken against a worker that is accused of not fulfilling a component of the job that was never detailed in their job description in the first place. To begin, it should be noted that a job description is designed to outline all of the tasks, knowledge, skills, abilities, and reporting requirements that are necessary in fulfilling any particular position. As such, within this current middle-sized company, the creation of a new position should begin with management and human resources personnel sitting down to discuss what the new job should entail. In will include a discussion of the vision for the position, along with the objectives that the person who is eventually selected to fill the new role will be expected to abide by. Beginning with an outline, the team will be much more equipped to develop a job description that accurately fits the new position, clearly delineates the duties that the new person will need to complete as a function of the job, and creates a legally defensible position for the company should disciplinary action become necessary down the road.

When writing the job description, it is important to take into account the legal considerations that are in play, as well as working to ensure that the compensation offered is inline with the legal precedence for employees completing duties of a similar nature ...

Solution provided by:
Jason Blair, MA, PhD (IP)
Education
  • BA, Arizona State University
  • MA, University of Phoenix
  • PhD (IP), North Central University
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