Avoiding Wrongful Employee Terminations

Write a 4-5 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 constructive discharge exists. How might the organization avoid claims of constructive discharge? Hint: Read Constructive Dismissal and Wrongful Termination. 
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 the Montana Wrongful Discharge from Employment Act (WDEA) is. What do you see as benefits of this act to employees? Employers?
4. Identify and discuss a minimum of three actions organizations may want to consider as they seek to handle employee terminations legally.

These are the resource/references to use: 

Resources 

David J. Walsh. 2019. Employment Lawfor Human Resource Practice (6th ed.). South-Western Cengage Learning. 

United States Department of Labor. 2020. Summary of the Major Laws of the Department of Labor.

https://www.dol.gov/general/aboutdol/majorlaws

United States Equal Employment Opportunity Commission. 2020. Types of Discrimination. http://www.eeoc.gov/laws/types

United States Equal Employment Opportunity Commission. 2020. Prohibited Employment Policies/Practices. https://www.eeoc.gov/laws/practices/

The Leadership Conference. 2001. Affirmative Action. http://archives.civilrights.org/resources/civilrights101/affirmaction.html 

Life Coach Directory. 2016. The Seven Challenge Areas for Work-Life Balance. https://www.lifecoach-directory.org.uk/lifecoach-

articles/the-7-challenge-areas-for-work-life-balance

United States Department of Labor. No date. Occupational Safety & Health Administration. https://www.osha.gov/

United States Department of Labor. 2020. Occupational Safety & Health Administration Newsroom. https://www.osha.gov/news

Angela Reddock-Wright. 2012. 6 Tips to Avoid Harassment and Discrimination Claims. https://i-sight.com/resources/6-tips-to- avoid-harassment-and-discrimination-claims/

Rapid Learning Institute. 2010. The Top Five FMLA Compliance Mistakes That Could Land You in Court. http://www.kansastag.gov/AdvHTML_Upload/files/FMLA-5-Slip-Ups-White-Paper.pdf

Canice Prendergast. 1993. Discretion and Bias in Performance Evaluation. https://faculty.chicagobooth.edu/canice.prendergast/research/DiscretionAndBiasInPerformanceEvaluation.pdf

FindLaw.com. 2018. Constructive Dismissal and Wrongful Termination. 

https://employment.findlaw.com/losing-a-job/constructive- dismissal-and-wrongful-termination.html

Supplemental Resources

  Samuel R. Bagenstos. 2013. Employment Law and Social Equality. Michigan LawReview, vol. 112, no. 2, pp. 225–273. http://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=91793381&site=eds- live&scope=site

Edward A. Brill. 2013. 2012-2013 U.S. Supreme Court Wrap-Up: Hot Topics in Labor and Employment Law. Employee Relations LawJournal, vol. 39, no. 3, pp. 3–8. http://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx? direct=true&db=bth&AN=91640070&site=eds-live&scope=site

Richard V. Burkhauser. 2012. The Importance of Anti-discrimination and Workers' Compensation Laws on the Provision of Workplace Accommodations Following the Onset of a Disability. Industrial & Labor Relations Review, vol. 65, no. 1, pp. 161–180. http://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=70100826&site=eds- live&scope=site

Kerry W. Langan. 2012. Labor & Employment Law. Syracuse LawReview, vol. 62, no. 4, pp. 709–737. https://lawreview.syr.edu/wp- content/uploads/2013/01/P-Langan-Ritts.pdf

Angela E. Outten. 2013. Labor and Employment Law Certification. Florida Bar Journal, vol. 87, no. 6, p. 63. http://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=87855245&site=eds- live&scope=site

Society for Human Resource Management [SHRM]. No date. Search Results: Employment Law. https://www.shrm.org/search/pages/default.aspx?k=EMPLOYMENT%20LAW