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Broken Employment Contract
Did Wayne have an employment contract, either oral or written, with EcoCare? Why or why not?
Wayne had an oral employment contract with EcoCare. An oral contract existed for one reason that Bell told Wayne during the pre-employment period that he was assured of staying on the job provided his performance was satisfactory. Oral contracts are "made by the verbal mutual consent by two or more parties to the performance of clearly stated promises
." It is clear from the findings of Human Resource Department's Investigation that Bell and Wayne had mutual consent which led Bell to make a job offer to Wayne which he accepted. This oral contract was therefore enforceable and remained valid as long as Wayne kept to the promise of performance. It should also be noted that verbal promises made to employees by employers, if reasonable, can make enforceable contract (Findlaw, n.d.). However, Wayne cannot claim to have had a written contract since the supervisory manual that he was given was meant to be an aid in supervising persons in their charge and not as a record of the contract terms of an employee's hiring, according...
What problems, if any, do you see with EcoCare's pre-employment process?
The pre-employment process at EcoCare has one serious problem which is lack of clear details on the terms of employment. This problem is aggravated by using oral contract. Generally remembering terms of any agreement is very important including employment contracts and this can be done best by having them in writing. An oral contract usually causes a lot of confusion, makes the terms of employment unclear, and use human memory as the only source for any agreement. Oral contracts are also commonly used when the employment period is less than one year and not when the company intends to have an employ for so long.
3. Can an employer's written human resource policies ever be construed as a contract between an employer and an employee?
Written human resource policies of a company can be construed as a contract between an employer and an employee by courts and this has actually caused worry among employers. Written policies can be used against employers in litigation with employees claiming that they…
References
Armstrong, M. (1999). Handbook of Human Resource Management Practice. Kogan Page.
Carey & Associates, P.C. (2005). Oral contract, accessed on April 2, 2011 from http://www.capclaw.com/home/glossary/236
Findlaw, (n.d.). Employment contracts and compensation agreements, accessed on April
2, 2011 from http://employment.findlaw.com/employment/employment-employee-hiring/employment-employee-hiring-contract.html
accessed on April 2, 2011 from http://blog.lawinfo.com/2006/01/03/advice-for-employers-to-avoid-employee-lawsuits-in-2006/
http://www.capclaw.com/home/glossary/236
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