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Human Resource Management and the Law Essay
Human Resource Management and the Law Paper
As is evident from the facts, Xu, LLC is an accounting firm with 33 employees and 4 independent contractors, all of whom are of Asian descent. The firm wants to employ a further one computer programmer and one accountant for a project. Jones who is a white male has applied for the programmer project position and Black who is a black male has similarly applied for the accountant position but neither of them has been hired by Xu, LLC. They have both learned that not only does the company have a history of only Asians but have in fact hired Asians for the current independent contractor and employee positions for which they applied. The issue which arises from these sets of facts is whether Xu, LLC is practicing discrimination in employment because it has a history of hiring along racial and nationality lines. There are also human resource management and legal issues such as the risks of hiring independent contractors, recruitment and selection of workers, and the need for non-compete and non-disclosure agreements with employees when dealing with confidential information and processes.
The management tips for the case include the importance of evaluating and properly classifying workers, hiring independent contractors is not a safe haven from liability, the need to carefully negotiate staffing contracts to clearly spell out responsibilities, review of documentation from employee perspective, and drafting balances non-competes to cater for public, employee, and business needs. To begin with the evaluation of and proper classification of workers, it is important for organizations to assess the qualities desired in every employee and prospective job applicants to ensure that those brought on board have the relevant skills that match the requirements and values of the organization. Any mistakes during the classification process may be costly in terms of reduced performance of workers................GET A PLAGIARISM FREE COPY