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Hiring and Firing

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Hiring and Firing
Daniel Bates
BUSI 501
Dr. Phillip E. Jackson
February 4, 2012

Hiring and Firing
Introduction
Hiring and firing encompasses the function of Human Resource Management (HRM). HRM is the overarching administration of a Human Resources (HR) department. In large organizations, a dedicated department will handle HR issues; but in a small organization, one or two staff members handle HR in addition to their other duties. The HR planning process consists of the activities required for staffing and sustaining an organization (Satterlee, 2009, p. 200). HR personnel have various aspects of administrative policies they must be knowledgeable about. They must understand non-discriminatory job applications, right to job security policies, non-compete agreements, and work for hire laws.

Three Important Concepts
Concept 1: Non-Compete Agreements A non-compete agreement is essentially a contract in which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer). The use of such agreements is premised on the possibility that upon an employee’s termination or resignation, they might begin working for a competitor or start a business, and gain competitive advantage by abusing confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans. Such a document between the employer and employee states that the employee will not go to work for a competitor for a specified period of time, frequently two years (Anonymous, 2012).

Concept 2: Work for Hire The "work for hire" clause was introduced into employment contracts to avoid disputes and the resulting

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