Overview
To be wrongfully terminated is to be fired for an illegal reason, which may involve a violation of federal antidiscrimination laws or a 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:
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
https://www.findlaw.com/employment/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 the Montana Wrongful Discharge from Employment Act (WDEA). What do you see as the benefits of this act to employees? Employers?
Identify and discuss at least three actions organizations may want to consider as they seek to handle employee terminations legally.
Go to Basic Search: Strayer University Online Library to locate at least three quality academic resources for this assignment. Note that Wikipedia and other websites do not qualify as academic resources.
https://eds.p.ebscohost.com/eds/search/basic?vid=0&sid=cda93d8a-1223-429d-a75e-35877281f0dc%40redis
Some of the resources found here can be found online. If you need me to access a particular resource, let me know, and I’ll see if I can send it to you.
This course requires using Strayer Writing Standards (SWS) [https://library.strayer.edu/sws]. The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. 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.
Category: Business Employment Law
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“Ensuring Legal and Ethical Employee Terminations: Understanding Constructive Discharge, Employment at Will, and the Montana WDEA”