Question

Tina, a sales manager, is interviewing a worker who applied for a sales job. She likes the applicant so much that she says, 'This is a great place to work. If you are loyal to us, we will be loyal to you, and you can count on a job here.' Phil, the HR manager, learns what Tina said. He asks her not to make this kind of statement again. What reason best explains why Tina's comment was unwise?

1) Tina's statement could be taken as an agreement to hire the sales employee as an independent contractor, not an employee.
2) Tina's statement amounts to illegal discrimination if the new salesperson is a white male because it can be seen as favoritism based on race.
3) The courts would consider Tina's statement to be a violation of the public interest, making it hard to dismiss the worker.
4) Tina's statement could be taken as an implied contract to keep the worker in the future, making it hard to dismiss the worker if problems arise.

Answer 1

Tina's comment was unwise because it could be seen as creating an implied contract with the worker, which might hinder the company's ability to terminate employment during a probationary period or later if needed.

Step-by-step explanation:

Tina's statement to the job applicant was unwise because it could be taken as an implied contract that guarantees the worker's employment in the future, potentially making it difficult to dismiss the employee should issues arise. This is problematic because employers often set an official trial or probationary period during which they can terminate an employee for any reason or no reason, sometimes at a lower pay rate, to avoid the risk of hiring an unsuitable worker. Phil advises Tina against making such statements to avoid creating legal implications that could restrict the company's ability to make employment decisions based on job performance.