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Analyze the concept of constructive discharge and the factors courts might focus on in reviewing a claim of constructive discharge. Describe 3–4 strategies an organization can adopt to avoid claims of constructive discharge.

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To be wrongfully terminated is to be fired for an illegal reason, which may involve a violation of federal antidiscrimination laws or a 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.

Preparation

The following resources may help you complete your assignment:

  • Read Constructive Dismissal and Wrongful TerminationLinks to an external site..
  • Review textbook Chapter 17, especially regarding the WARN Act.

You may also use the Strayer University Library and the Internet to research the assignment topic. Make sure you choose relevant and credible sources.

Instructions

Write a 5–6 page paper in which you complete the following:

  1. Analyze the concept of constructive discharge and the factors courts might focus on in reviewing a claim of constructive discharge.
  2. Describe 3–4 strategies an organization can adopt to avoid claims of constructive discharge.
    • Hint: Review Constructive Dismissal and Wrongful TerminationLinks to an external site..
  3. Examine pure employment at will, employment at will with exceptions, and the legal standards employers can use to avoid claims of wrongful termination.
  4. Describe your overall understanding of WARN, why it’s important to be compliant with this law, and how you should select employees to downsize.
  5. Determine at least three actions organizations should prioritize to ensure that employee terminations are handled legally.
    • Explain your choices.
  6. Use at least three sources to support your writing. You may include your textbook as a source. Choose sources that are credible, relevant, and appropriate. Cite each source at least once within your assignment. For help with research, writing, and citation, access the library or review library guides.