HIRE AND FIRE POLICY

ARUN VERMA

At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning. When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave his or her job without reason or warning. In contrast, the practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.

At-will employment gradually became the default rule under the common law of the employment contract in most states during the late 19th century, and was endorsed by the U.S. Supreme Court during the Lochner era, when members of the U.S. judiciary consciously sought to prevent government regulation of labor markets. Over the 20th century, many states modified the rule by adding an increasing number of exceptions, or by changing the default expectations in the employment contract altogether. In workplaces with a trade union recognized for purposes of collective bargaining, and in many public sector jobs, the normal standard for dismissal is that the employer must have a "just cause". Otherwise, subject to statutory rights (particularly the discrimination prohibitions under the Civil Rights Act), most states adhere to the general principle that employer and employee may contract for the dismissal protection they choose. At-will employment remains controversial, and remains a central topic of debate in the study of law and economics, especially with regard to the macroeconomic efficiency of allowing employers to summarily and arbitrarily terminate employees.

Definition At will employment is generally described as follows: "any hiring is

presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee is equally free to quit, strike, or otherwise cease work." In an October 2000 decision largely reaffirming employers' rights under the at-will doctrine, the Supreme Court of California explained:

“An employer may terminate its employees at will, for any or no reason ... the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment ... The mere existence of an employment relationship affords no expectation, protectable by law, that employment will continue, or will end only on certain conditions, unless the parties have actually adopted such terms.”At-will employment disclaimers are a staple of employee handbooks in the United States. It is common for employers to define what at-will employment means, explain that an employee’s at-will status cannot be changed except in a writing signed by the company president (or chief executive), and require that an employee sign an acknowledgment of his or her at-will status.

Every company and organization has a Hire and Fire policy. This means the rules and regulations that they use to hire people for jobs in their company/organization and reasons for which they fire them, or for which they can lose their jobs in a particular company/organization.

 When you apply for a job, you usually look at their hiring policy--e.g., what sort of degrees/qualifications they want, what sort of people they want, what benefits and other things they offer etc. When someone is given a job in a company/organization it is always advisable to read and understand their Firing rules/policy-- the things that you do or dont do, which can lose you your job. For example, if a company has a 'no-smoking' policy and you smoke in the office, you might get a warning or get fired. If you get a warning and do it again, next time youll be definitely fired. 

Pros: Enables your business to adjust more easily and quickly to workload

fluctuations Temporary help agencies can quickly provide your business with qualified staff.  Some common reasons companies hire temps:

Employee absences:  illness, vacation, maternity or disability leave, sudden departure

Unexpected or temporary demands:  special projects, seasonal or peak periods, employee shortages

Maintains staffing flexibility: With the popularity and staying power of flexible work arrangements,

employers need to stay current with the needs of today’s work force.  Temporary work is just one of the ways that businesses can offer flexibility and at the same time better meet their own needs.

Representative Denise Ridenour of renowned Kelly Services foresees that “the employment pool will increasingly include a mix of temporary and full-time employees.  The result is a more efficient workplace, a more flexible job market, and greater opportunities for both employers and employees.  Additionally, improving productivity enhances a company’s bottom line and employee job security.”

Can evaluate worker without commitment Based on your evaluation or preferences, you can employ a temp for a designated short term or, if desired, offer a full-time position to a worker who suits your business.  Some businesses employ temporary workers as an excellent and cost-efficient way to recruit and test the abilities of new workers before signing them on full-time.   Other companies will repeatedly use the services of a temp worker who has proven to be a company asset.  Hiring a temp can also be a good way to continue getting work done while you search for the perfect candidate for a particular job. If unsatisfied with a temp’s work performance, all you need do is contact the temp agency and they will take care of the rest.

Can save time and money: The cost of hiring temp workers is often cheaper than the cost of hiring permanent employees with benefits.  In the short term, it is generally more cost-efficient to hire a temp.   For jobs that are expected to last six months or longer, it may pay to hire a full-time employee.   

When you employ an agency, it – not you – becomes the temp worker’s employer.   The agency is responsible for and bears the financial burden of recruiting, screening, testing and hiring workers; payroll expenses and paperwork; payroll and withholding taxes; unemployment and workers’ compensation insurance; and any employee benefits they may wish to provide.  Some agencies even provide training such as software application tutorials.      

Temporary employees can provide specialized skills to all types of industries Temporary help agency workers are now employed in virtually every industry.  Traditionally, companies sought temporary workers for lower-skilled positions.  Today temporary workers increasingly include highly skilled individuals with a wide range of educational backgrounds and work experience.  These individuals can tackle critical one-time projects that are limited in time and scope.   In the field of Law alone, recent years have seen a dramatic growth and acceptance of hiring lawyers on a temporary basis.

Can lead to a long-term positive relationship with staffing agency When you find a temp agency that provides timely and quality service and referrals, and is experienced and accommodating, you may want to work with them exclusively.  A good relationship with your temp staffing provider will go a long way toward meeting your company needs. 

Cons Training Needs Every time a temp starts a new work assignment –

no matter how skilled or unskilled – a certain amount of training is required in order for them to perform their assigned tasks to suit the specific needs of that company.  Of course, if the same temp is brought back again, this might not be required.

Morale Issues Morale and employee relations problems can arise

when you have temps working alongside permanent employees for months, doing the same work and putting in the same hours, but not receiving the same benefits afforded their permanent employee coworkers.

Safety Issues Certain types of jobs are inherently dangerous and require

careful safety training.  Studies show that frequency and severity rates of on-the-job injuries are significantly higher with temporary workers.  No matter what a temp’s experience is, care must be taken to see that dangerous tasks are performed safely.  Never assume a temporary worker is fully prepared to work unsupervised until you have taken the time to see that they can safely perform their work tasks.

Legal Concerns Recent court decisions have highlighted the fact that

businesses must be careful how they contract for temporary staff.  There must be no doubt about the workers’ status and about the lack of eligibility for the benefits of permanent employees.  And treat temp workers with the same respect and care you would for your permanent staff.