Legal Implications in Human Resource Management

Legal Implications in Human Resource Management

A contractual relationship is a Will Doctrine between the employer and worker. The employer can expel the worker for any purpose that exists without even telling the worker if the reason for their dismissal is lawful. Immigration Reform and Control Act (IRCA) came into law in 1986. The Act was formulated to” guard people who “serve and are lawfully entitled to those jobs. The law was meant for American citizens and other permitted people working in the U.S. Uniformed Services Employment and Reemployment Rights Act (USERRA), which is a government legislation specifying the roles and rights of civic services members and private employers. The above precepts have a significant effect on the private sector in terms of work. Therefore, the paper explores the IRCA, USERRA, and employment-at-will doctrine and their impacts on private sector institutions. Do you need urgent assignment help ? Get in touch with us at eminencepapers.com. We endeavor to provide you with excellent service.

Employment-at-Will Doctrine

The Employment-at-will doctrine is a law that gives a worker to have the capability to end the contract of a worker for whatever reasons as long as the basis is legal without suffering any legal responsibilities. In addition, the law gives employees the power to terminate their work or leave their workstations without giving any reason (Blr, 2022). The Employment-at-will doctrine provides the employer with the ability to change the terms of the contract of employment or the laws set in the absence of the workers. The above means that the employer can reduce or reverse the wages or benefits given to the workers. Courts have allowed an exception to the above doctrine that the chief exceptions have hidden an agreement of good faith, public policy, and implicit contract. The irregularities of the hinted understanding of good faith forbid an employer to end the employment contract on condition of bad faith of a worker. For instance, an employer may end the contract of employment because they do not want to pay the benefits of retirement. The exception of public plans forbids the ending of jobs if a worker does not wish to engage in an act that is prohibited by the state. Furthermore, the worker may report actions that bring a breach of the Act or use the rights of a citizen. Hidden contracts may sometimes be made verbally, which convinces the worker that his contract will not end at any particular time.

Exceptions and Employment-at-will

The employment-at-will law gives employers the power to fire their employees without giving any reason for their actions (Hodges, 2018). In addition, employers in the above doctrine can alter the terms of the contract of employment at any particular time unless some “specific ex “options cover the worker. Among the exceptions given to the employee is “the collective bargaining agreement (DauSchmidt, Finkin & Covington, 2016). Employees registered under a union covenant or an association have some terms in their contract that specify how and when a worker can be fired. Moreover, the company policy exception gives the employee the reasons and how their employment may end. A warning should be given to the employee when their contract is changed or terminated. In addition, the company policy may show if the employee is at risk of losing their job.

Besides, there is the public policy that different states know, and the particular policy guidelines set the employment-at-will doctrine. For example, employers are confined from ending the employment of employees who file complaints about conception or have reported illegal business done by the employer. In addition, employers are forbidden from terminating the work of employees who have not violated any laws in the process of performing their duties as employees (Blr, 2022). The fourth perception is a covenant of good faith exception, which implies that ending an employee’s employment contract can only happen if there is good faith and just reasons. The last exception is the statutory protection for workers, which tells that an employee’s employment cannot end because of discriminatory reasons.

All the exceptions have significantly affected private sector institutions, but the exception on the collective bargaining covenant has the most impact. Collective bargaining is a put-down contract that is lawful between an employer and the unions and associations. A lot of workers are members of a labor union, which gives them an advantage when it comes to the security of their jobs. Their membership in the labor unions benefits them in terms of collective negotiations (DauSchmidt, Finkin & Covington, 2016). At the above point, employers cannot exercise employment-at-will for employees under the labor unions. For example, one of the agreements may state that an employer cannot terminate the contract of employment unless a just cause exists. The associations formulate well-specified pleas for members who think their career has been completed for an unjust reason.

Most Important Change Needed to the IRCA

IRCA is a Nationality and Migration Act that stops employers from recruiting migrants without presenting lawful documents. IRCA further forbids employers from recruiting or giving people who do not have the authorization to work in the U.S. (Martin, 2015). It is vital for employers, before giving employment to anyone, to go through every individual’s identity or employment qualification. Among the prominent roles of the Act was to command the number of migrants living or going to the U.S., but following the passing of the law, there has been an increase in the number of illegal migrants. The execution of the above rule was unfruitful. People thought many migrants would leave the country due to the new employers’ restrictions that would prevent them from getting employment (U.S. Department of Justice, 2001). There is a need for meaningful changes to be put in place in IRCA, such as ensuring that there are enough resources to ensure that the border is restricted. In addition, the law should develop an effective process for the documentation of immigrants so that many legal immigrants are registered, and there is an increase in job opportunities in the labor market.

USSERRA and its Effects on the Private Sector Workplace

USSERRA is a civic law that sets down roles and rights for individuals serving or who served before in the Reserve, Military forces, National Guard, or other uniformed services. They are not deprived of their non-combatant professionals or are not discriminated against working due to the military benefits they offer. USERRA has positive effects in the private sector, such as the company summoning reservist workers who have served in uniformed services to keep their best profession in civic service, among other skills. USERRA has a positive impact on the employees in that they can be employed elsewhere and continue to enjoy rights and benefits such as a pension (Martin, Jonathan, Kitchen, Wheeler & Upson, 2016). Furthermore, the employees may continue to retain their health care coverage.

USERRA has negative effects on the private sector; for example, the company may suffer a great deal of cost in hiring reservists in comparison to the non-reservists. Absenteeism of reservists’ costs will increase since a worker has to be employed to cover for the officers on duty (Blr, 2022b). Furthermore, it will be hard to get the right man for the job since the officer on duty had specific skills that helped the company in some ways. The employee will be employed on a contract basis, and if he possesses specific extra skills, it will be hard for the company to terminate its contract.

References

Blr. (2022). Employment contracts laws & HR compliance analysis. BLR® â?? Solutions for Employment, Safety, and Environmental Compliance | BLR.com. https://www.blr.com/HR-Employment/Staffing-Training-/Employment-Contracts/

Blr. (2022b). Military service (USERRA) laws & HR compliance analysis. BLR® â?? Solutions for Employment, Safety, and Environmental Compliance | BLR.com. https://www.blr.com/HR-Employment/Benefits-Leave/Military-Service-USERRA/

Dau-Schmidt, K. G., Finkin, M., & Covington, R. (2016). Legal protection for the individual employee. West Academic.

Hodges, A. C. (2018). Principles of employment law.

Martin, P. (2015). Immigration to the United States. The Wiley Blackwell Encyclopedia of Race, Ethnicity, and Nationalism, 1-10.

Martin, W., Jonathan, I. I., Kitchen, F. D., Wheeler, G. R., & Upson, P. A. (2016). Labor and Employment Law. Mercer L. Rev., 68, 106

U.S. Department of Justice. (2001). Irca antidiscrimination provisions. The Center for Regulatory Effectiveness. https://www.thecre.com/fedlaw/legal19/ircadisc.htm

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Module 3 – Case
EMPLOYEE RIGHTS/SAFETY
Assignment Overview
(Signature Assignment: Critical Thinking, Introduced Level)

Compliance and the HR Functions

Before starting this assignment, be sure that you are familiar with what is meant by “critical thinking.”

Critical thinking is one of the five key rubric criteria by which your assignments are graded. Therefore, you are expected to demonstrate evidence of critical thinking in all terms. For an overview of critical thinking, first read the Kurland article and then review the chart and watch the video:

What is Critical Thinking? (2012) Retrieved from https://www.youtube.com/watch?v=9oAf3g5_138

Foundation for Critical Thinking (2015). Our Concept and Definition of Critical Thinking. Retrieved from http://www.criticalthinking.org/pages/our-concept-of-critical-thinking/411

Kurland, D. (2000). What is critical thinking? Critical Reading. Retrieved from http://www.criticalreading.com/critical_thinking.htm

Educational Technology and Mobile Learning. (2014) A must-have chart featuring critical thinking skills. Retrieved from http://www.educatorstechnology.com/2013/05/a-must-have-chart-featuring-critical.html

For this assignment, review the following:

HR Hero. (2017). Employment at Will. Retrieved from http://topics.hrhero.com/employment-at-will-and-employment-law/

HR Hero. (2017). USERRA (The Uniformed Services Employment and Reemployment Rights Act). http://topics.hrhero.com/userra-uniformed-services-employment-and-reemployment-rights-act/

U.S. Department of Agriculture (n.d.) IRCA Antidiscrimination Provisions. Retrieved from http://www.thecre.com/fedlaw/legal19/ircadisc.htm.