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 (5-6) 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 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 
  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 is the Montana Wrongful Discharge from Employment Act  (WDEA). What do you see as benefits of this act to employees? Employers? 
  4. Identify  and discuss a minimum of three (3) actions organizations may want to  consider as they seek to handle employee terminations legally. 
  5. 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. 

Your assignment must follow these formatting requirements:

  • Be  typed, double spaced, using Times New Roman font (size 12), with  one-inch margins on all sides; citations and references must follow APA  or school-specific format. Check with your professor for any additional  instructions. 
  • Include  a cover page containing the title of the assignment, the student’s  name, the professor’s name, the course title, and the date. The cover  page and the reference page are not included in the required assignment  page length. 
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