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.
- 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.
- Evaluate the legality of an employee termination in five pages.
