Kimberly A. McKelvy
Dr. Patricia Obiefule
BUS 335 – Staffing Organizations
February 3, 2013
Identify the type of employment relationship you would establish between the coffee shop and employees from a legal perspective. Explain your reasoning.
Cool Beans Coffee Cafe is planning on establishing an employer-employee relationship. A written agreement is going to represent our employment contract, “the terms and conditions of which represents the promises and expectations of both parties” (Heneman III, Judge, & Kammeyer-Mueller, 2012, p. 48). The employer-employee relationship will be governed by the common law principle which establishes that either party can terminate the employment contract at any time without prior notification. This type of relationship also allows for both Cool Beans Coffee Cafe and a potential employee to establish any additional term of employment and have them placed in writing so there are no discrepancies.
Suggest ways that you could avoid claims of disparate treatment.
Cool Beans Coffee Café is going to follow four principles that should avoid claims of disparate treatment. First, train management about legal obligations under anti-discrimination laws regarding hiring, training, and overall treatment of employees (Lario, Parliman, Kelly, Feher, & Chavey, 2009). Second, create and enforce policies that pertain to how employees will conduct themselves to prevent discrimination. Third, the coffee café has to perform yearly audits on employment records and promotion policies and procedures to ensure disparate treatment is not being committed. Lastly, make sure that all job postings and promotions are listed in a central location that all employees can access.
Identify the type of external influences that could hinder staffing and how you would address them. Competition for certified baristas with managerial experience might be hard to find. Cool Beans Coffee Café is a gourmet coffee café
References: Heneman III, H.G., Judge, T.A. & Kammeyer-Mueller, J.D. (2012). Staffing Organizations (7th ed.). Middleton, WI: Mendota House / McGraw-Hill. Lario, W. J., Paliman, G.C., Kelly, T.A., Feher, K.J. & Chavey, V.C. (2009). EEOC’s ‘Best Practices’ To Avoid Disparate Treatment Claims by Employees. Retrieved from http://www.martindale.com/legal-management/article_Day-Pitney-LLP_696000.htm. Monegain, B. (2010). AHA offers 10 tips on how to deal with workforce shortages. Retrieved from http://www.healthcareitnews.com/news/aha-offers-10-tips-how-deal-workforce-shortage?page=0,1.