Human resources Essay Essay

This essay is basically or so the catastrophe C erstpts contract. catastrophe Concepts is an Australian manufacturer as well as a allocator of womens fashion apparel. The sales manager of the break outnership, Karen Stevens was hired by the caller-up in the year 2001 and currently Karen works as a ripened sales executive for mischance Concepts. It has been eight years instantaneously that Karen is working(a)(a) for the fellowship and is being paid $175,000 annually and is also provided with a caller maintained car.However, in that respect is no specific written record regarding Karens recruitment except for a letter that was sent to Karen in which she was welcomed to the conjunction and it also said that she would be paid $75,000 annually by the social club. However, denouement Concepts is now facing a serious d possessturn that has concerned the merchandising manager of the company, Lilly Zheng to question whether Karen should be allowed to continue working for the company or not.Karen has been working for sequel Concepts since the last eight years with all unassumingness and no issues of misconduct or decline in her performance basin been seen as her performance has always been rated acceptable but she does not yield any further chance of promotion or to further plead in her career. This is the reason why Lilly Zheng is concerned whether Karen should be allowed to continue working for the company or she should be complete and cod to this Lilly has a a couple of(prenominal) questions in her mind and she wants the human choice manager, George Chapel to answer.In this declare up of the publisher I would answer some of the questions arising in the mind of Lilly Zheng from the sales booth of George Chapel. The first question that Lilly has in her mind is related to Karens finish and she wants to know how misfortune Concepts tush terminate Karen. For this, I would say that breathing out would not be the correct word to be used in t his case and the reason behind this is that an employee rat only be terminated from the company on the basis of misconduct or due to unequal performance but Karen is not charged of any of the two so she bungholenot be terminated from tragedy Concepts.However, termination has a broader concept than this and it can be voluntary i. e. with the employees free lead or it can be involuntary i. e. terminated by employer. Layoffs and dismissals are a part of involuntary termination. In this situation, Catastrophe Concepts can layoff Karen due to the downturn of the stemma or they can opt for a mutual stipulation amidst Karen and the company. In put up to base the termination soft, the company can take certain actions much(prenominal) as by asking Karen herself to resign and to change her to do so by explaining her facts.Termination always leaves negative affects on the other employees working for the company as they become unsecure about their own job and their motivation level decreases. For this purpose, at the time when Karen is terminated, she should be presumptuousness various incentives and should be allowed to leave the company in the most safe manner (Storey 1998).. In case Karen agrees to leave the company and if she joins a competitor, there are many risks involved with this as Karen has worked for Catastrophe Concepts for quite a long period of eight years and she knows a lot about the company.More everyplace, she is the senior sales executive and so she knows all the techniques of selling womens apparel and where ever she will go she would definitely use her skills. repayable to this, there should be some restrictions that should apply to Karen such(prenominal) as she should be made to sign a contract not to provide the company details to the competitor or to provide the competitor with the secrets of the company. (David 1997).If Karen provides confidential marketing information to the competitor, this would be very bad for Catastrophe Conce pts as this will stand by the competitor not only to know the marketing secrets of the company but it would also help the competitor predict the future actions Catastrophe Concepts is planning to take and on this basis, they might come up with kick downstairs strategies or they might use the same marketing plans before Catastrophe Concepts applies these strategies and plans and this will prove to be awful for Catastrophe Concepts.Another hazard that might happen after Karens termination is that she might come-on and hire other staff currently employed by Catastrophe Concepts. This would also prove to be bad for Catastrophe Concepts as they would let go of their employee and with the employee, they also extradite a lot of possibility off losing companys information. Moreover, as the employees as already trained by Catastrophe Concepts, they would have to hire a new employee and train them all over again and this involves both financial and time cost. Huselid 1995).The second pa rt of the paper suggests the restraint of trade clause that should have been included in Karens original written contract. Moreover, other thing that needs to be taken care off in this contract should be in context of use with the duration, extent and geography. For such situations, it is very pregnant for Catastrophe Concepts to have a good human resource department so that they can adjoin their duties and do the best for the employees working in the company.It is the duty of the human resource department to come up with various strategies and trade clauses for the employees. Previously, however Catastrophe Concepts did not have any such trade clause due to which they are facing this problem now, therefore they should take steps now and should work on the clause so that such problems do not occur in future. It is always necessary for the company to have their legal rules defined to the employees so that they are aware of things.Having a trade clause would further enable to p rotect its legal rights and there should always be an agreement between the company and the employee. It is also a wise mentation to have employment agreements as these would enable Catastrophe Concepts to guard their public assistance against the employees working for the company however the human resource department has to be careful when coming up with trade clauses and they should make sure that they have the most important ones already defined for the company.Some of the most important ones are mentioned in the paragraphs below. (Micallef & Powell 1997). When an employee agrees not to opt for a profession that is exchangeable to the one he is currently working as in order to prevent competition against the company is possible when an employees signs a non-compete clause. Once the employee signs the contract, he is bound to obey it and he cannot opt for the same profession once he resigns or is terminated from a company.This contract can help the company to prevent the employ ee from distributing the companys confidential information or any kind of trade secrets to the competitor. These secrets might include the companys marketing strategies or the products the company plans to come up with in future. (Lado &Wilson 1994). Non-Solicitation conformity would basically help Catastrophe Concepts to guard the employees from stealing information or the customers. Other than this, they can form non-competition agreements as they can center on geography, customers as well as knowledge.It is not likely for Catastrophe Concepts to force out the competitors from competing with the company but there are certain situations in which such contracts can be signed such as in employee-employer situation. Non-disparagement agreement averts the employee to speak bad things about the employer and the non-interference agreement averts the employee from interfering in relationships such as between the vendors or the customers, and so on Other than this, Catastrophe Concepts can also opt for confidentiality agreement, termination agreement and workplace stead agreement, etc.Confidentiality agreement would prevent the employee from giving the confidential information of the company to the competitors period the termination agreement would help the company in terminating employees by make the employees sign a contract at the time they join the company. Moreover, another problem Catastrophe Concepts might face could be to keep the property at the workplace safe and secure and for this it is essential for the company to make the employees sign the workplace property agreement. (Leat 2001).