Avoiding Wrongful Employee Terminations

  • Avoiding Wrongful Employee Terminations
    Overview
    To be wrongfully terminated is to be fired for an illegal reason,  which may involve violation of federal antidiscrimination laws or  breach of contract. The legal standards governing termination differ  substantially depending on whether private-sector and nonunion employees  or public-sector and unionized employees are being considered. As the  company HR leader, you are accountable to the organization to ensure  that all employee terminations are initiated and completed while  maintaining strict adherence to current employment laws and EEOC  guidelines.
    Instructions
    Write a 5–6 page paper in which you:
  1. Address your understanding of the term constructive discharge—what  is it? Then, identify factors courts might focus on to determine if  constructive discharge exists. How might the organization avoid claims  of constructive discharge? Hint: Read Constructive Dismissal and Wrongful Termination.
  2. Discuss the differences between pure employment at will and  employment at will with exceptions. Do you believe employment at will is  fair? If not, what is an alternative?
  3. Briefly describe what the Montana Wrongful Discharge from  Employment Act (WDEA) is. What do you see as benefits of this act to  employees? Employers?
  4. Identify and discuss a minimum of three actions organizations  may want to consider as they seek to handle employee terminations  legally.
  5. Go to Basic Search: Strayer University Online Library  to locate at least three quality academic resources in this assignment.  Note: Wikipedia and other websites do not qualify as academic  resources.
  6. This course requires the use of Strayer Writing Standards. For  assistance and information, please refer to the Strayer Writing  Standards link in the left-hand menu of your course. Check with your  professor for any additional instructions.
    The specific course learning outcome associated with this assignment is:
  • Evaluate the legality of an employee termination.
  • By submitting this paper, you agree: (1) that you are  submitting your paper to be used and stored as part of the SafeAssign™  services in accordance with the Blackboard Privacy Policy;  (2) that your institution may use your paper in accordance with your  institution’s policies; and (3) that your use of SafeAssign will be  without recourse against Blackboard Inc. and its affiliates.

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