Essay

Essay

Type of Employee Relationship

The coffee shop would use a probationary form of employee relationship. From a legal perspective, probation was emphasized in 1952 by the EAT which states that if an employer wishes to prolong the probationary period of the worker, they must have the right to do so. This right must be exercised at the right time. If the employee remains with the company over the course of the probationary period, and is not terminated, the employee would be considered to permanent and it would be the end of his/her probation. Employers are required to conduct a performance review once the probation period has ended to evaluate the employee. They do not reserve the right to extend the period for the sake of evaluation (Spector & McCarthy, 2005).

For example, our employees would serve a mandatory probationary period followed by a review. If an employee fails the reviews, he/she would be dismissed within a week. According to the EAT, the employee would be entitled to a notice period in which they could look another job.

Avoiding Disparate Treatment Claims

Treating employees less favorably based on age, religious views, race, sex, disability or national origin is disparate treatment, a form of discrimination under the law in the United States. Actions leading to a wrongful termination lawsuit may give the courts a reason to find for the employee on disparate treatment discrimination. If you warn some of your employees before termination and do not warn others, your business shows vulnerability under disparate treatment and discrimination laws. Discrimination applies to race, sex, age, disability or religious beliefs, and Caucasians can allege discrimination and wrongful termination when the employer favors other races. Disparate treatment is the most frequent proof for discrimination claims, reports the Introlaw website (Mondy et al, 2005).

Disparate Impact

If you fail to follow the same procedure for all employees, the employee may win a discrimination lawsuit without proving disparate treatment. Disparate impact relates to the hardship created by the discrimination and is often used in age discrimination lawsuits. Disparate impact arose in "Griggs vs. Duke Power Co.," 401 U.S. 414 (1971) and was recently discussed in "Smith vs. City of Jackson, Mississippi," 544 U.S. 228 (2005). Disparate impact relates to disparate treatment, and a wrongful termination lawsuit may claim that the impact or hardship created plays a role in the discrimination. A greater impact proven to a specific group such as women or older employees may impact your business as well.

Avoid Wrongful Termination Claims

Review your state laws on termination, including any payday laws applicable, so you comply with all dates and rules. Develop office procedures and a checklist for termination of employees. Use fair dealing with all employees, even if your state is an employment-at-will state. Give notification of infractions and make a record in the personnel file. Have the employee acknowledge receipt of a copy of each notification with a signature and date.

Termination

Give the employee a warning before termination, and record the warning date and information. Have the employee sign documents acknowledging ...