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.
Sample Solution
