1. Laws that need to be most closely monitored.
Prince George’s hospital has to routinely monitor the accessibility, use, and outcomes of services and care by ethnicity, main language, and care so that this organization is capable of complying with the laws on civil rights. The hospital will ensure that every new and old staff members, who are the care providers, know the importance of this law under Title VI, Section 504 on the Civil Rights Act ad the 1973 Rehabilitation Act. The Human Resource will also comply with the Americans with Disabilities Act by providing all employees and applicants with equal opportunities and safe working environment. The health care providers will be required to treat patients from different ethnic and racial groups and all patients with disabilities with equal chances, and opportunities to access high quality care.
The HR department has to closely he changes that take place concerning labor laws, and statutes that regulate these laws. Rules that have an impact on employment doe concern a great number of hired employees in terms of the amount of salary payment, and also, those qualified to be hired by agencies. The state and federal laws may mandate a specific number of qualified employees, like for the case of registered nurses who should be on duty. This depends on the type of the healthcare organization. Whenever legal changes occur, that call for the need of a specified kind of employee, the healthcare organization will have to comply else the organization will face the risk of closure.
Another critical legal concern that the organization will have to look into is for the case of overtime. Any legal change on how overtime should be provided to a person, under specific circumstances will make the organization struggle with the total number of workers to work well at a given time. This will require the organization to focus more on having adequate number of employees to fill the positions needed (Pozgar 2011).
Finally, alterations in laws and statutes that govern the certification and licensing for determining the people to be hired by the healthcare facility sis another important consideration for the organization. Currently, much more stricter criteria are being past by the states that call for further education requirements among social workers, nurses, and nursing assistants. These requirements have to be strictly followed by this health care organization. Failure to follow these newly implemented regulations will result to revocation of employee’s licenses thus impacting on the smooth running of the organization (Pozgar 2011).
2. Job Description sample
Position: Human Resources’ Vice President
Organization: Prince George’s hospital
Major Function
The Vice president of the Human resources for Prince George’s hospital will be responsible in developing programs and policies for the whole organization. These areas include employment, organizational planning, health and safety, compensation, employee relations raining and indoctrination, and organizational development. He or she will report to the HR Executive chair of this healthcare organization. Will advice and assist in issues related to the Human Resources senior management.
Important functions:
- Recommends and formulates the Human Resources objectives and policies of the whole organization.
- Will recommend and determine the relations and practices of employees with the aim of establishing a much more positive relationship among employees and in the development of employee morale at a much higher-level.
- Will identify the government reporting regulations and legal requirements that affect the functions of the Human Resources.
- Protect the company and employee interests according to the Human Resources policies of this organization and according to the government regulations and laws. He will approve terminations and review the appeals made by employee according to the complaint procedure.
- Will act as the leader of important changes that have an impact on organizational transformation and growth according to Prince George’s hospital vision, values, and mission.
- Hold accountability in modeling the best practices, and making Prince George’s hospital to meet the standards of regulations on the management of performance, system outcome orientation and workforce planning.
- Established salary, and wage structure, performance appraisal programs, pay policies, employee benefit services programs and health, and safety programs for this company.
Additional Requirements
Carry out duties given by the supervisors.
Educational requirement
Bachelor’s degree in Human Resources and equivalent. Specialty training in compensation, preventive labor relations, and organizational planning and knowledge in the mention areas. Be affiliated to successful companies practicing Human Resources Management effectively.
3. Steps to protect this organization from possible litigation in hiring new employees
As the Human Resources vice president of Prince George’s hospital, I have the responsibility of ensuring that the organization is protected from any possible obligation especially in the process of hiring new employees. The following steps will act as guideline in protecting this organization from litigation issues. First is to provide new employees with a well written document on procedures and policies being followed at Prince George’s hospital. This is a means through which integrity in the hiring process will be achieved. The employees will be called upon to comply with the federal and state laws. Each file, belonging to the employees, has to be signed to show their agreement to the terms and condition of employment (Coon & Cocker, 2009).
The new employee will be required to have a well written job description based on their qualification and knowledge on a given position. They will be given an employee handbook to show them the benefits and salaries. Proper interviewing should take place to determine the fitness of the applicant to the required job position. They will go through drug screening. Legal considerations based on eligibility verification, and understanding of proper workforce relationship has to be followed. The important step is the developmental training discipline through ensuring growth of employee skills and indoctrination.
The Human Resources department will, comply with the Federal and state laws such as the Fair Employment and Housing Act, Civil Rights Act, Fair Labour Standards Act, and Americans with Disability Act. This will protect situations where the organization will be required to produce files or subpoenaed on legal matters relating to the employees. The hospital has to ensure privacy to the personal information of patients and employee files. Lastly, the organization has to ensure annual auditing on all matters that affects this organization together with the stakeholders so as to prevent a situation where Prince George’s hospital is not transparent with its practices (Peritt, 2006).
4. Prevention of litigation when terminating employees
Wrongful termination of an employee can lead this healthcare organization incurs a lot of money. As a way of avoiding such an occurrence, it is important for the organization to first know the law concerning termination of employees. This enables those with the power to fire employees respond and spot any kind of litigation risk ahead of them (Perritt, Jr1993).
Second, it is important for the Human Resource personnel and managers to document every aspect concerning each individual employee. Such as document will especially help in dealing with the claims made by an already fired employee for they will have real evidence showing the true evidence that will be used by the jury to make credible decisions. For example, the document should indicated the verbal and written warnings given to the employee, the number of absenteeism of the employee with no approval, evaluations, and steps undertake n to solve the problems that the employee is facing.
Third thing IS to have a well established process of termination. The firing procedure should be followed strictly to all employees without any form of discrimination. The procedure for termination should follow strictly to all employees without discrimination. Another consideration that the organization can look into is to whether or not it should have a lawyer at the time of termination an employee. An employment attorney can greatly help in reviewing the procedures used by the organization in termination so as to help the organization avoid law suits and costly litigation (Peritt 2006).
Reference
Coon & Cocker, (2009) Legal Issues of E-Mail and Internet Access in the Workplace. Vol 1, p 90
Sergeant J (2007) termination of employee contracts. Introduction to legal issues. Retrieved from
http://www.thehrsummit.com/newsletter_images/PRC%20Legal%20Updates-%20Jeremy%20Sargent.pdf
On July 29, 2012
Pozgar G (2011) Legal Aspects of Health Care Administration. Edition11, publisher Jones & Bartlett Publishers, p 90
Perritt, Jr. H (1993) Employee Dismissal Law and Practice 191-272. Retrieved from
www.law.berkeley.edu/journals/btlj/articles/vol12/Perritt/html/note.html
On July 29, 2012
Peritt H (2006) Employee Dismissal Law and Practice. Edition 5. Publisher Aspen Publishers Online, p 89
