Explain the concept of employment at will. What are the risks and benefits of employment at will doctrine?

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D1.) Sharonda Bradshaw (HRMN395)
Variable pay- are earnings based on special duty, commission, over-time, any incentive pay, and/or bonuses. When I think about variable pay, it is pay that varies depending on the employees performance which motivates employees to advance toward their goal. (Cafaro, 2020) states that variable pay is the most effective method to pay for performance to deliver results.
I don’t necessarily have an example within my organization, but as my husband is a paratrooper, he receives jump pay every month, and that is a variable pay based on his special duty.
Base pay- is a fixed amount that employees receive outside of any additional pay. Base pay does not include over-time, nor any incentive or rewards pay, it is the pay before benefits. (Cafaro, 2020) mentions that most employees only receive base pay.

An example is an annual base salary of $50,000. Additional benefits pay of $20,000, which brings the total gross salary to $70,000.
Cafaro, D. (2021). The WorldatWork Handbook of Total Rewards: A comprehensive guide to compensation, benefits, Hr & employee engagement. John Wiley & Sons.
D2.) Vance Walker (HRMN395)
When determining where to set compensation it is important to thoroughly review and investigate several aspects of the compensation method. Three key elements to consider are compensation laws, benefits, and satisfaction/sustainability. Firstly, compensation laws, such as the Fair Labor Standards Act (FLSA) of the Equal Pay Act of 1963, require organizations to adhere to a specific standard when conducting themselves in business (Reference for Business, n.d.). With that said it is important to constantly refer to these laws in order to ensure that the organization you are working for is not violating any of these standards. Secondly, benefits can offer your employees further incentives to work but when used incorrectly the results can be catastrophic. When implementing benefits, it is important to review the employees needs and offer benefits that would reflect what is required. For example, a new mother who just came back to work may need to find a day care, so one of the benefits the company could provide is access to a daycare facility during the work hours (Reference for Business, n.d.).

Benefits are meant to offer a competitive edge in the market and provide the employees with more incentive to work, so making them personalized would only stand to further an organizations compensation method. Lastly, satisfaction/sustainability, these concepts can be summarized by a simple phrase, “How can we keep our employees happy, while simultaneously creating profit”. Two things any organization should avoid at any cost is making the employees dissatisfied and feel underappreciated and spending too much money in an area where the company is no longer making profits. This balance of giving and saving is what will ultimately provide the company with a successful relationship amongst its employees and profitability.
Employee compensation. Reference for Business. (n.d.). Retrieved October 24, 2022, from https://www.referenceforbusiness.com/small/Di-Eq/Employee-Compensation.html#b
D1.) Raymark Mariano (HRMN400)
1. The position you selected to analyze –
2. The methods you selected for gathering data –
Interview an individual doing the job and internet research
3. The rationale for why you selected the methods you did –
4. A discussion of your experience in collecting this data –
5. A short sample position description and job specification you were able to design based on the data you gathered –
Job Title: Secretary
Location: San Diego, Ca
Supervisor: Cristina Kee
Job Summary: Provide administrative support to manager and team employees to ensure
workflow and work processes run smoothly and efficiently, organize and maintain office files
and supplies, handle telephone calls from internal and external customers, schedule meetings and
conference calls, utilize a variety of office equipment and applications to perform assigned tasks
Job Duties:
Open, stamp, sort, and distribute incoming correspondence
Receive and make telephone calls to internal and external customers in a professional and
courteous manner
Make travel arrangements for supervisor
Order office supplies and track inventory of office supplies
Compose emails and respond to inquiries
Assign cases to employees

Reserve meeting room space, send calendar invite to attendees, set-up conference calls
Transcribe and disseminate meeting agenda and meeting notes
Maintain office files, copy, print, fax, and/or scan work documents
Working Conditions: Office environment, prolonged periods of sitting
Machines Used: Computer, fax machine, scanner, color printer, copier
Job Specification
Qualifications: High School Diploma, Computer Skills
Minimum 1-year experience in office setting
Knowledge of clerical and administrative procedures
Professional demeanor and attitude
Proficient utilizing Microsoft Office
Ability to utilize office equipment
Capable of multitasking; strong time management skills
Organizational skills
Customer service skills
Strong verbal and written communication skills
Ability to plan and organize meeting, travel, etc.
Ability to work independently

Heathfield, S. M. (2020, April 7). How to do a job analysis. LiveAbout. Retrieved from https://www.liveabout.com/job-analysis-1918555
Juneja, P. (n.d.). MSG Management Study Guide. Job Analysis and Job Evaluation. Retrieved from https://www.managementstudyguide.com/job-analysis-…
D2.) Kemmara Canton (HRMN400)
a) Summarize and explain the major EEOC laws related to the recruiting process. How can recruiters and hiring managers reduce the risk of adverse impact?
The major EEOC laws related to the recruiting process are as follows: The Civil Rights Act of 1964: This was put in place to stop people from being able to discriminate off of things like race, color, religion, etc. (the legal environment of human resources management, n.d.) The Age Discrimination in Employment Act: This essentially covers the same as the first just for people over 40. The Pregnancy Discrimination Act: Also, stops employers from using the fact that your pregnant as a reason to not hire you. Recruiters and hiring managers have multiple ways to reduce the risk of adverse. Some of these ways are by conducting a thorough job analysis.

Doing this allows the organization to set the criteria used to select candidates that relates directly to job performance. You can conduct a validation study. What this does is show you where your organization sits as far as the level of adverse impact you have within the company. Another example is standardizing the job interviews and assessment centers. This touches on the training of the hiring managers in equal opportunities, diversity, and employment law.
b) Discuss three methods of recruiting to obtain a diverse group of applicants and explain why they are effective.
1. Testimonials from Employees – These are important because they allow you to show how happy the employees that already work for you are. It also allows prospective employees to hear from someone that is not a manager or in a higher role about what the company has to offer them.

2. Make It Part of Your Message- The first-place candidates typically look after they’ve viewed a job description is your company website. This is a great place to showcase your message that you value diversity and inclusion. If your company posts on social networks, use the space for topics tied to diversity and inclusion or praise other companies and people who are leaders in this area. Messaging your support and commitment is a great way for candidates to see that you value it (Forbes Human Resorces Council, 2018)
3. Post Jobs in Nontraditional ways – You want to post jobs in places other than job boards, for example places like craigslist you reach a whole different group of people and have a higher chance of hiring a more diverse group.
c) Explain the concept of employment at will. What are the risks and benefits of employment at will doctrine? How is the employment at will doctrine influenced by EEOC laws?

The concept of at will employment is stating that the employer holds the right to terminate a worker for any reason at any time. The important thing to remember is that this works in the favor of the employee as well. (NCSL, 2008). This allows the employee to leave for no reason at any given time they please. One of the benefits of being an at will employee is the flexibility that comes along with this type of employment. Essentially the flexibility comes from the ability to walk off your job at any given time. Unfortunately, this was really the only benefit that I could find that would work toward being a benefit of this type of employment. The risks are much higher. Some of the risks are uncertainty of not knowing if you were going to lose your job or not.

Another risk is the fact that it is much more advantageous for the employer. So now when you take the EEOC into consideration they only influence the employment at will in certain situations. Unfortunately, the EEOC can’t influence them all the time because the employment at will company needs to meet certain standards. One of these standards is “The EEOC generally only has authority over companies that have at least 15 employees. If an at-will companies has fewer than 15 employees, it would not fall under EEOC enforcement:”. That being said the influence the EEOC has would be small in comparison to the remainder of the employment at will organizations with less than 15 employees.
d) Application: Read the Module 2 Case and in-depth scenario 1. Draft a short memo to the founders of HSS to address the issues with the hiring practices. Specifically, address what laws or regulations may apply, organizational risks and discuss suggestions for how the hiring practices at HSS should be modified. You may use a word document if you like or provide your proposal in the content of your response window.

To: Founders, HSS
From: Human Resources Manager, HSS.
Date: October 31st, 2022
Subject: Modification of Hiring Practices
I am writing to inform you of current issues with hiring practices.
I would like to inform you that the Equal Employment Opportunity Commission’s (EEOC) recruitment laws apply to the hiring practices here at HSS. The laws prohibit discrimination in the recruitment process based on a candidate’s age, sex, religion, nationality, race, gender, or color. If these laws are not followed, the organization is at risk of facing a charge of discrimination filed by the aggrieved employees. The charge allows the EEOC to investigate whether discrimination occurred during recruitment process. The organization will also be at serious risk of being sued by the aggrieved party in federal court if the EEOC issues them a dismal or a Notice of rights.

It is important and is highly recommended that HSS modify the hiring practices by complying with the EEOC recruitment laws. Also, any job posting made public or in network should not have any discriminatory phrases or statements. All candidates should be given equal consideration in the hiring process regardless of their age, gender, sex, color, religion, physical ability, nationality, and work experience.
Please reach out to me if you may have any further questions.
Kemmara Canton, Human Resource Manager, HSS

Forbes Human Resources Council, 12 Ways To Attract And Hire Diverse Job Candidates retrieved from https://www.forbes.com/sites/forbeshumanresourcescouncil/2018/04/27/12-ways-to-attract-and-hire-diverse-job-candidates/?sh=2ccd34393a7e
At-will employment – overview. Legislative News, Studies and Analysis – National Conference of State Legislatures. https://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx
EEOC. (n.d.a). Overview. Retrieved from https://www.eeoc.gov/eeoc/index.cfm
EEOC. (n.d.b). Laws enforced by EEOC. Retrieved from https://www.eeoc.gov/laws/statutes/index.cfm
Employment Discrimination. (n.d.). Retrieved from State of Maryland Commission on Civil Rights at https://mccr.maryland.gov/Pages/Employment-Discrimination.aspx

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