Contractual relationships can be of different kinds. Two disputable examples of them are known as mirror image rule and at-will employment. What do they mean and how do they influence ones business?
The definition of a mirror image rule is that it is an agreement on the requirements an offeror gives you. This offer cannot be changed or modified. In case an offeree does not agree with something on the paper, he can modify the contract by creating a counteroffer. In other words, this kind of contractual relationship prove that the one making an offer is the master of the situation,
The other kind of contractual relationship are called at-will employment. In case of at-will employment, the owner of a business can fire ones employees without giving any good cause. For instance, if one has any minor misunderstandings with his/her employer, he/she an be fired without providing any serious reasons for such a decision.
However, at-will employment has been modified in order to protect employees. The authorities have added three major exceptions that determine whether an employee can be laid off or not. The firs exception states that employer cannot fire an employee due to his religion, race, sex, nationality or physical disabilities in case it does not affect their performance and efficiency. This list is also extended by officials at certain areas, as they add that an employee cannot be fired in the view of his sex, as it can also be considered as discrimination.
The other exception says that one cannot fire a staff member if this decision violates public policies. This means that despite an at-will employment, one has to stay within the limits of public policies. In addition, the third exception states that if an employer promised o provide an employee a just cause in order to terminate him, this relationships can no longer be called at-will employment. Under such conditions employer is creating an intended contract.
These two kinds of contractual relationships affect ones business in several ways. For instance, at-will employment leaves an employee without protection, except for three cases when he/she cannot be laid off. When an employee doesnt feel safe, it will eventually affect his efficiency.
The other way these contractual relationships affect ones business is by making an employer a master of his offer. According to the mirror image rule, employers are in charge f creating rules and conditions while an employee can only agree or disagree with them. However, this rule is opposed by people who believe that conditions of employment have to be established by both sides.
In my personal opinion, at-will employment is a bad policy, as it leaves an employee with a feeling of constant insecurity of whether his/her employer will not fire him for any reason. This feeling is not a working condition that encourages him to be a team player.
I also believe that exception for this kind of employment are essential and make relationships between an employee and an employer easier. Nevertheless, these exceptions do not cover all the possible discrimination that can become a reason for firing an employee.
From my point of view, mirror image rule is challenging for an employer. If an employer wants to attract qualified staff to work for him, he has to create the best conditions for him/her possible. Otherwise, they will add something to the contract, and mirror image rule will no longer be applicable.
Finally, before considering a certain job, a candidate should learn more about different kinds of contractual relationships and possible consequences they might have in order to find the right place to work for under preferred conditions.
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HR Essay Sample: Concepts of At-will Employment and Mirror Image Rule. (2019, Oct 07). Retrieved from https://speedypaper.com/essays/concepts-of-at-will-employment-and-mirror-image-rule
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