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 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.
- 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 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 in this assignment. Note: Wikipedia and other websites do not qualify as academic resources.
Requirements: 5-6 pages | .doc file
Answer preview
circumstances leading to his or her resignation were extremely unfavorable that any reasonable and competent employee would be compelled to resign (“Constructive Dismissal and Wrongful Termination – FindLaw,” 2018). Secondly, it is incumbent upon the employee to convince the court that the employer was aware of the egregious working conditions and had intentionally orchestrated it to coerce them to resign (“Constructive Dismissal and Wrongful Termination – FindLaw,” 2018). In determining whether the actions of the employer amount to the creation of intolerable working conditions to warrant a constructive dismissal, courts seek an inquiry to find out the following.
Whether the employer put the employee in a position to participate in illegality, whether the employee issued complaints to the employer on the same, the constitution of the illegal act and the duration of the employee’s resignation and request to participate in the aforementioned illegality (“Constructive Dismissal and Wrongful Termination – FindLaw,” 2018).
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