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Purpose
To assess your ability to:
Discuss the legal standards governing termina
Purpose
To assess your ability to:
Discuss the legal standards governing terminations in different sectors of work.
Differentiate between employment at will, just cause, and due process.
Describe the difference in terminating private sector non-union employees versus union employees.
Discuss the legal issues that are still in place after a person has been terminated.
Action Items
Review the guidelines for discussions from Module 2 Discussion.
Based on the first letter of your last name, research your assigned topic.
A-E: Resign or Terminate. Should employers offer employees the choice between resigning or being terminated? Under what circumstances?
F-J: Employment at Will. Does the employment at will with exceptions standard provide sufficient protection for employees?
K-O:Downsizing. How could downsizing in a company discriminate against employees based on their union activity?
P-S: Noncompetitive Agreements. Should employers use noncompetitive agreements or other restrictive covenants? If so, under what circumstances?
T-Z: Constructively Discharged. A long-time employee received a negative performance appraisal after some other employees and a customer had complained about him. The employee was presented with the choice of either retiring with a severance package or being evaluated under a 30-day performance improvement plan. The plan would include an assessment of his performance, leadership, support for peers and managers, teamwork, and customer satisfaction. He was also told that if his supervisor received even one complaint about him during this 30-day period, he would be terminated without severance pay. The employee was given 30 days to consider the offer. After mulling the choice over for 25 days, he took the severance package. Subsequently, the employee sued his former employer for wrongful termination. Was the employee constructively discharged?
Prepare a response to your assigned topic. Your response is to be 200-300 words in length and include at least two references.
Read the postings by your classmates on the topics that you did not research. Your response posting should be at a minimum 100 words in length and include at least one reference.
Do T-Z
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