Homework: Avoiding Wrongful Employee Terminations
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 pages paper in which you:
A. 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?
B. 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?
C. Briefly describe what is the Montana Wrongful Discharge from Employment Act (WDEA). What do you see as benefits of this act to employees? Employers?
D. Identify and discuss a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally.
Format your homework according to the following formatting requirements:
(1) The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
(2) The response also includes a cover page containing the title of the homework, the student's name, the course title, and the date. The cover page is not included in the required page length.
(3) Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.
The specific course learning outcomes associated with this homework are:
a) Develop policies that are compliant with employment laws.
b) Examine methods to assist in avoiding wrongful terminations.
c) Use technology and information resources to research issues in employment law.
d) Write clearly and concisely about employment law using proper writing mechanics.