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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 6–7 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? Use: Constructive Dismissal and Wrongful Termination. (Provided)

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 the Montana Wrongful Discharge from Employment Act (WDEA) is. What do you see as benefits of this act to employees? Employers?

Identify and discuss a minimum of four actions organizations may want to consider as they seek to handle employee terminations legally.

Use at least four American quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as academic resources.

The specific course learning outcome associated with this assignment is:

Evaluate the legality of an employee termination.

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?–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 18 (11.25%) points

Competent 20.4 (12.75%) points

Exemplary 24 (15.00%) points

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?–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 24 (15.00%) points

Competent 27.2 (17.00%) points

Exemplary 32 (20.00%) points

Briefly describe what the Montana Wrongful Discharge from Employment Act (WDEA) is. What do you see as benefits of this act to employees? Employers?–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 24 (15.00%) points

Competent 27.2 (17.00%) points

Exemplary 32 (20.00%) points

Identify and discuss a minimum of three actions organizations may want to consider as they seek to handle employee terminations legally.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 24 (15.00%) points

Competent 27.2 (17.00%) points

Exemplary 32 (20.00%) points

Use at least four academic references.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

Writing mechanics, grammar, and formatting.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

Appropriate use of in-text citations and a reference section.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

Information literacy and integration of sources.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

Clarity and coherence of writing.–

Levels of Achievement:

Unacceptable 0 (0.00%) points

Needs Improvement 6 (3.75%) points

Competent 6.8 (4.25%) points

Exemplary 8 (5.00%) points

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