Describe constructive discharge. How does this differ from wrongful termination? Analyze the policy and procedure used in the event o
In this assessment, you will review the employment laws considered for each of the topics presented in this course. Termination is never easy for anyone involved, but at times is necessary for the efficiency of the company. In this scenario, as an HR generalist, you have been tasked with preparing a manager with the necessary documents required to terminate an employee.
Consider the following scenario:
Sam has been an employee with the agency for almost a year. He is often late for his shift and his work products are less than stellar. He often gets into verbal arguments with coworkers and has been warned several times about his conduct. The manager now informs you that while in his office he heard a loud bang. He went to investigate only to realize that Sam had smashed his computer on the floor because he could not get an application to work. The manager felt that Sam has violated company conduct policies and wants to terminate him.
In a 3–4 page paper:
- Describe constructive discharge. How does this differ from wrongful termination?
- Analyze the policy and procedure used in the event of an employee termination.
- Describe the elements of due process and just cause. Do you feel that all employers should meet these standards before terminations can take place?
- Explain whether the employment-at-will with exceptions standard provide sufficient protection for employees.
- Explain the process to ensure employees' rights are not violated.
- Discuss the steps the manager should follow after a termination decision has been made, and how the termination should be handled.
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