Government Regulation in Hiring/Firing, Essay Example

Human resource management is a strategic approach of managing organization’s most valued assets – the people. It helps company to meet their primary goals by being able to find, maintain and manage best candidates. The most important word is “fit” which means the balance between management of company’s personnel and the general strategic direction of the organization.

Around the globe occupation of “an employer” stands out as one of the riskiest jobs since they are at risk because of government regulations and rules. Two of the hardest duties of the employer and HR Department are hiring and firing of employees. Both being time and effort consuming decisions, they must clearly meet all expectations. The job of the HR manager is to find a strong balance between the needs of his/her company and being able to find best people. Identifying of the most suitable candidate to join the team or having to terminate existing ones requires strong critical thinking, wide experience in the HR sphere and good communication abilities.

Nowadays there is a strong demand for effective and talented personnel to be recruited in order to serve the company’s best. When recruiting, it is essential to meet expectations of both the company and the candidate. In fact, in business employer cannot afford to make a wrong decision by hiring poor applicant because one bad hire sometimes can result in difference between company’s success or failure.

Labor regulations on the processes of hiring and termination of employee’s work are described in the US Department of Labor and basically state that “laws prohibit discrimination in employment decisions based on race, color, religion, sex, age, ethnic/national origin, disability, or veteran status.” (United States Department of Labor 2009). It is also “responsible for laws that ensure that federal contractors and grantees provide equal employment opportunity to applicants and employees.” (United States Department of Labor 2009). According to the US Department of Labor it is employer’s responsibility to have your future employee complete Form I-9 at any time when hiring a person with the intention to pay him/her wages. When filling the paper, applicant inserts their personal information: full name, physical address, social security number as well as puts the signature on awareness of imprisonment or fines for false statements or use of fake documentation. Minors (people under age of 18 years), employees with disabilities also sign adjusted for the forms. These forms employer is retaining for several years. It is also important for the HR manager to carefully receive all documentation for verifying person’s identity and their employment authorization.

It is not an easy job to find, hire and keep excellent people in your company. For instance, in small businesses this is a particularly careful decision since new employees have influence the company, which can result that they may either make or destroy the business. Therefore, leaders must understand and obey the government regulations on hiring employees and take care of save and healthy work environment.

Among key factors when hiring an employee, HR manager must pay careful attention towards the unlawful discrimination and understand that certain penalties might be charged against him/her if not obeying the law. According to the Office of Special Counsel for Immigration Related Unfair Employment Practices there are four basic kinds of unlawful discriminations: citizenship or immigration status discrimination, national origin discrimination, unfair documentary practices (Form I-9) and retaliation. (United States Department of Justice 2009) Basically these conducts mean that each employer or hiring manager when accepting new individual should equally treat each person.

When recruiting, selecting and hiring personnel, HR manager must prepare a careful job description where he/she must specify what the company is looking for. The more efficient employer prepares the vacancy announcement, the easier and quicker will he/she find the best suitable candidate. In other words, to attract good applicants, it is wiser to invest one’s time and effort into preparing and then promoting the vacancy. “Hiring great people should be one of the four or five things that your company consistently does well – and is famous for.” (Sartain 104) Company personnel are a vital part of the puzzle that keeps the company going and achieving its goals.

Choosing the top candidate for a vacancy is a critical part of the hiring process. The best fit applicant is a strong investment in the future of the company and its upcoming growth. However, the process itself is an ongoing challenge for the HR manager and future employer.

HR Department itself is a certain financial contributor to the company, therefore, it is essential for the managers to stay in close contact with other departments in order to clearly see or update the needs of the company in general. In today’s organizations, to be able to contribute, HR mangers must think as if they were strategic partners. If following such approach professional becomes a contributor to the general business plan of the organization and helps meetings its objectives. Therefore, it is leaders responsibility as a general strategic planner to be able to see and improve company’s structure in order to ensure that all its engines are working on its fullest potential.

While hiring usually associates with positive changes, it is never the time to say “good-bye”. It would be great if employing people could only deal with finding best candidates and letting them to their job well. However, having found people that fit your organization, at some point HR manager will be faced with the decision of termination.

Some people consider firing as one of the most unpleasant and stressful jobs that they had to do in business. Firing requires special skills on how to combine bad news presentation and still leave your ex-employee with the good impressions of work done within the company. It is crucial to make sure that HR manger is following the right pattern and procedure. It is never easy but with time it pays to be fair legally and ethically.

Firing is just another side of the coin. While hiring process highlights equitability, firing mechanism means that any termination must be fair, legal and ethical. Usually the legal right to fire a worker comes from “employment-at-will” principle which means that it is employers right to fire people just as it’s their own personal right to leave the company at their will at any time. But this policy is limited by several federal and state laws.

According to the US Department of Labor “termination is subject only to any private contract between the employer and employee or a labor contract between the employer and those covered by the labor contract.” Just like when hiring people, it is essential for the HR manager to not discriminate employee at any time as stated in the Code of Federal Regulations. According to the Fair Labor Standards Act employer does not need to provide any notice or information to the employee before the termination itself.

Director or HR manager also are not required by federal law to provide their ex-workers with the final paycheck immediately but on the day when everyone usually gets their wages. However, according to law upon termination of the employment, some workers have a right to maintain group health benefits that are being offered by group plan for limited time. Usually if a worker continues to receive some company benefits, it eases the procedure. In case if former employee fails to find their next job, they might be eligible to receive partial wage replacement from the government upon meeting certain eligibility requirements.

“Because the legal issue involving employment-at-will and termination-at-will are still evolving, employers are advised to have all written materials pertaining to the employment process”. (Arthur 111) This approach is commonly used by companies and at time guarantees safe and legal termination process.

In order to make the termination process a bit not some negative and stressful, it is employer’s duty to discuss with the former worker the reasons of what was done wrong. Director or HR manager also must give person a chance to comment or appeal on the situation and be able to provide arguments of the decision made.

Termination at times can cross the line and reach the personal level. Therefore, it is a very good idea to have a certain system previously created and planned in order to minimize negative effects of the difficult situation. When ready to fire, HR manager or director must have all relevant documentation “evidence” on hand, planned in advance medical benefit conditions and be able to answer all questions that might arise. This procedure must take place on the neutral territory, such as meeting room or conference room, must be face to face and quick. Person who is firing an employee must also be ready that even if he/she has everything prepared in advance and planned, it still does not guarantee that everything will go as smoothly. But as a professional, HR manager or a director will feel content that the termination has been done justly and legally. Nevertheless, to ease the process of termination HR manager must spent time on preparations. It is his/her responsibility to bring performance appraisals, any written warnings or other relevant correspondence.

Common reasons of firing are worker’s inability to meet company’s production standards, dissatisfaction with the current position, constant violation of corporate rules, etc. Some reasons might result in immediate termination while other can be tolerated. Before making a decision about firing an individual in the company, HR manager must re-emphasize and indicate what the worker is originally expected to do. In such cases, it is necessary to warm employee in a memo or in the face to face conversation about their duties. This can be suitable in the situation when the company is interested to keep this particular person on their position or if any mistake done, was a minor problem.

Afterwards, HR manager must observe and monitor if any changes or results are achieved. Sometimes talk or a small warning can have a good effect on employee. If no positive result, it might be a good idea to take time, for instance, several days, in order to discuss within your department and with the director the termination of certain individual.

Among good tips for “successful” firing can be choosing the best time of the day whn the director or HR manager choose to do a bad news presentation. A good idea can be to have the conversation during the day. This can limit emotional stress for both firing manager and the employee, be less stressful and will not leave the individual alone in the company when taking their belongings and documents.

“Firing must be the last resort. Sudden and unwarranted firings undermine office morale and destroy institutional loyalty. Employees quickly understand that if others can be fired on a whim, they can, too.” (Reeves 2006) Firing people can be an opportunity to improve and create a culture of respect, trust and accountability. Other workers are watching and the way the termination is dealt with, will set standards and norms in the organization. HR manager or director must ensure that the team perceives the actions as being fair regardless of any personal relations between colleagues. Terminations on the other hand have some positive aspects for the organization. They allow leaders to shape the behaviors they would like every worker to exhibit. At the same time firing process integrates the best interests of the employees, teams and organization itself. It helps build a culture of trust and respect within which workers and their leaders can prosper.

Works Cited

Arthur, D. (2005). Recruiting, Interviewing, Selecting and Orienting New Employees. April 18, 2009. REV. ISBN-13: 9780814408612.

Reeves, Sc. (2006). Firing a Worker. Business Basics. April 18, 2009. <http:/ /www.forbes.com/2006/04/25/business-basics-firing-cx_sr_0427fire.html>.

Sartain, L. (2003). HR From the Heart: Inspiring Stories and Strategies for Building the People Side of Great Business. April 18, 2009. AMACOM. ISBN-13: 9780814407561.

United States Department of Labor. (2009). Hiring Issues. April 18, 2009. <http:/ /www.dol.gov/compliance/topics/hiring-issues.htm>.

United States Department of Justice. (2009). Types of Discrimination. April 18, 2009. <http://www.usdoj.gov/crt/osc/htm/Webtypes2005.htm>.