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CHAPTER TWELVECHAPTER TWELVE

Final MatchFinal Match

Screen graphics created by:Jana F. Kuzmicki, PhD

Troy State University-Florida and Western Region

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Organization Strategy HR and Staffing Strategy

Staffing Policies and Programs

Staffing System and Retention Management

Support ActivitiesLegal compliancePlanningJob analysis

Core Staffing ActivitiesRecruitment: External, internalSelection:Measurement, external, internalEmployment:Decision making, final match

OrganizationVision and Mission

Goals and Objectives

Staffing Organizations ModelStaffing Organizations Model

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Chapter OutlineChapter Outline Employment Contracts

Requirements for Enforceable Contract

Parties to Contract Form of Contract Disclaimers Contingencies Reneging Other Employment Contract

Sources Unfulfilled Promises

Job Offers Applicant Attraction

Strategies Job Offer Content

Job Offer Process Formulation of Job Offer Presentation of Job Offer Job Offer Acceptance and

Rejection Reneging

New Employee Orientation & Socialization

Legal Issues

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Employment ContractsEmployment Contracts

Requirements for enforceable contract Parties to contract Form of contract Disclaimers Contingencies Reneging Other employment contract sources Unfulfilled promises

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Employment ContractsEmployment Contracts

Requirements for enforceable contract

Offer

Acceptance

Consideration

Parties to contract

Employee or independent contractor

Third parties

Employment

contract

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Employment ContractsEmployment Contracts(continued)(continued)

Form of contractWritten contract

SuggestionsOral contract

One-year rule Parole evidence Suggestions

DisclaimersOral or written statement explicitly limiting an

employee right and reserving that right for employerRecommendations for enforcement

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Employment ContractsEmployment Contracts(continued)(continued)

ContingenciesExtending a job offer contingent on certain conditions

being fulfilled by offer receiver Reneging

Employment-at-willDoctrine of promissory estoppel

Other employment contract sourcesEmployee handbooksOral statements made by employer representatives

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Employment ContractsEmployment Contracts(continued)(continued)

Unfulfilled promises

Organizational HR issues Do not make promises unwilling to keep

Be sure promises made are kept

Potential legal claims

Breach of contract

Promissory estoppel

Fraud

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Job OffersJob Offers

Applicant attraction strategies

Job offer content

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Exh. 12.1: Model of Applicant Attraction ProcessExh. 12.1: Model of Applicant Attraction Process

Labor market conditionsVacancy characteristicsOrganizational characteristicsPhase of attraction processLegal considerations

Contingencies

Other Human Resource PracticesAttraction Strategies

Recruitment Inducements Applicant Pools

Preemployment

Postemployment

AttractionOutcomes

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Job Offer ContentJob Offer Content

Starting date Duration of contract Compensation

Starting pay Flat vs. differential rates Exh. 12.2: Example of

Starting Pay Policies Variable pay

Short term Long term

Benefits - Exh. 12.3 Hours

Special hiring inducements

Hiring bonuses Relocation assistance Hot skill premiums Severance packages

Restrictions on employees Other terms and

conditions Acceptance terms Sample job offer letter

Exh. 12.4

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Job Offer ProcessJob Offer Process

Formulation of job offer

Presentation of job offer

Job offer acceptance and rejection

Reneging

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Formulation of Job OfferFormulation of Job Offer

Knowledge of competitors

Labor demand issues Who are the competitors?

What terms and conditions are they offering forthe job for which the hiring organization is staffing?

Labor supply issues Offers need to attract number of staff required

Offers need to consider KSAOs of each offer receiver and the worth of the KSAOs

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Formulation of Job OfferFormulation of Job Offer(continued)(continued)

Applicant truthfulnessMinimal evidence exists on degree of applicant

truthfulnessTo combat deceit, organizations are pursuing

verification of all applicant information Likely reactions of offer receivers

Approaches to assess reactions to offers Gather information about various preferences from offer

receiver during recruitment/selection process Conduct research on why offer receivers accept or decline

job offers

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Formulation of Job OfferFormulation of Job Offer(continued)(continued)

Policies on negotiations and initial offersJob offers occur for both external / internal staffingConsider costs of job offer being rejected by

candidateCandidates may be receiving counteroffers from

current employerCurrently employed candidates incur costs for leaving

and expect a “make whole” offerCandidates are sophisticated in presenting their

demands

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Strategies for presenting initial offer

Lowball

Competitive

Best shot

Formulation of Job OfferFormulation of Job Offer(continued)(continued)

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Presentation of Job Offer Presentation of Job Offer

Two approaches

Mechanical approach

Sales approach

Exh. 12.6: Example of a Sales Approach to Job Offers

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Exh. 12.6: Example of aExh. 12.6: Example of aSales Approach to Job OffersSales Approach to Job Offers

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Job Offer Process:Job Offer Process:Acceptance, Rejection, Reneging Acceptance, Rejection, Reneging

Acceptance

Rejection

By organization

By offer receiver

Reneging

Exh. 12.7: Organization Actions to Dealwith Reneging

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New EmployeeNew EmployeeOrientation and SocializationOrientation and Socialization

OrientationExh. 12.8: New Employee Orientation Program

Suggestions Socialization

Content People Performance proficiency Organization goals and values Politics Language History

Delivery

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Legal IssuesLegal Issues

Authorization to workUnder IRCA, company is prohibited from

hiring or continuing to employan alien not authorized to work in U.S.

Negligent hiringWorkplace torts issue involving claims by an injured

plaintiff that plaintiff was harmed by an unfit employee who was negligently hired by company

Employment-at-will Involves right of either employer or employee to

unilaterally terminate employment relationship