Avoiding Wrongful Employee Terminations

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1. 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 4-5 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.

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:

6. Evaluate the legality
   of an employee termination.

 

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