To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. 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.
Write a five to six (5-6) page paper in which you:
- Address your understanding of the term constructive discharge (What is it?). Then, identify factors courts might focus on to determine if a claim of constructive discharge exists. How might the organization avoid claims of constructive discharge? HINT: https://employment.findlaw.com/losing-a-job/constructive-dismissal-and-wrongful-termination.html
- 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?
- Briefly describe what is the Montana Wrongful Discharge from Employment Act (WDEA). What do you see as benefits of this act to employees? Employers?
- Identify and discuss a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally.
- Go to https://research.strayer.edu to locate at least three (3) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
- Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
- Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
- Develop policies that are compliant with employment laws.
- Examine methods to assist in avoiding wrongful terminations.
- Use technology and information resources to research issues in employment law.
- Write clearly and concisely about employment law using proper writing mechanics.