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Assignment 4: Avoiding Wrongful Employee Terminations
Due Week 10 and worth 200 points To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. 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. Write a five to six (5-6) page paper in which you: Address your understanding of the term constructive discharge (What is it?). Then, identify factors courts might focus on to determine if a claim of constructive discharge exists. How might the organization avoid claims of constructive discharge? HINT: https://employment.findlaw.com/losing-a-job/constructive-dismissal-and-wrongful-termination.html 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 is the Montana Wrongful Discharge from Employment Act (WDEA). What do you see as benefits of this act to employees? Employers? Identify and discuss a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally. Go to https://research.strayer.edu to locate at least three (3) quality academic resources in this assignment. Note: Wikipedia and other websites do not qualify as academic resources. Your assignment must follow these formatting requirements:Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are:Develop policies that are compliant with employment laws. Examine methods to assist in avoiding wrongful terminations. Use technology and information resources to research issues in employment law. Write clearly and concisely about employment law using proper writing mechanics. Name: HRM510 Week 10 Assignment 4: Avoiding Wrongful Employee TerminationsDescription: HRM510 Week 10 Assignment 4: Avoiding Wrongful Employee Terminations Grid ViewList View Unacceptable 0 – 69% F Fair 70 – 79% C Proficient 80 – 89% B Exemplary 90 – 100% A 1. Address your understanding of the term constructive discharge (What is it?). Then, identify factors courts might focus on to determine if a claim of constructive discharge exists. How might the organization avoid claims of constructive discharge?15% Points: Points Range: 0 (0%) – 20.7 (10.35%) Did not submit or incompletely addressed your understanding of the term constructive discharge (What is it?), and identified factors courts might focus on to determine if a claim of constructive discharge exists to include stating how might the organization avoid claims of constructive discharge. Feedback: Points: Points Range: 21 (10.5%) – 23.7 (11.85%) Partially addressed your understanding of the term constructive discharge (What is it?), and identified factors courts might focus on to determine if a claim of constructive discharge exists to include stating how might the organization avoid claims of constructive discharge. Feedback: Points: Points Range: 24 (12%) – 26.7 (13.35%) Satisfactorily addressed your understanding of the term constructive discharge (What is it?), and identified factors courts might focus on to determine if a claim of constructive discharge exists to include stating how might the organization avoid claims of constructive discharge. Feedback: Points: Points Range: 27 (13.5%) – 30 (15%) Thoroughly addressed your understanding of the term constructive discharge (What is it?), and identified factors courts might focus on to determine if a claim of constructive discharge exists to include stating how might the organization avoid claims of constructive discharge. Feedback: 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?20% Points: Points Range: 0 (0%) – 27.6 (13.8%) Did not submit or incompletely discussed the differences between “pure employment at-will” and “employment at-will with exceptions” and offered your belief on whether employment at-will is fair. If not, did not submit or incompletely discussed an alternative. Feedback: Points: Points Range: 28 (14%) – 31.6 (15.8%) Partially discussed the differences between “pure employment at-will” and “employment at-will with exceptions” and offered your belief on whether employment at-will is fair? If not, partially discussed an alternative. Feedback: Points: Points Range: 32 (16%) – 35.6 (17.8%) Satisfactorily discussed the differences between “pure employment at-will” and “employment at-will with exceptions” and offered your belief on whether employment at-will is fair? If not, satisfactorily discussed an alternative. Feedback: Points: Points Range: 36 (18%) – 40 (20%) Thoroughly discussed the differences between “pure employment at-will” and “employment at-will with exceptions” and offered your belief on whether employment at-will is fair? If not, thoroughly discussed an alternative. Feedback: 3. Briefly describe what is the Montana Wrongful Discharge from Employment Act (WDEA). What do you see as benefits of this act to employees? Employers?20% Points: Points Range: 0 (0%) – 27.6 (13.8%) Did not submit or incompletely briefly described what is the Montana Wrongful Discharge from Employment Act (WDEA) and what you see as benefits of this act to employees and employers. Feedback: Points: Points Range: 28 (14%) – 31.6 (15.8%) Partially described what is the Montana Wrongful Discharge from Employment Act (WDEA) and what you see as benefits of this act to employees and employers. Feedback: Points: Points Range: 32 (16%) – 35.6 (17.8%) Satisfactorily described what is the Montana Wrongful Discharge from Employment Act (WDEA) and what you see as benefits of this act to employees and employers. Feedback: Points: Points Range: 36 (18%) – 40 (20%) Thoroughly described what is the Montana Wrongful Discharge from Employment Act (WDEA) and what you see as benefits of this act to employees and employers. Feedback: 4. Identify and discuss a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally.20% Points: Points Range: 0 (0%) – 27.6 (13.8%) Did not submit or incompletely identified and discussed a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally. Feedback: Points: Points Range: 28 (14%) – 31.6 (15.8%) Partially identified and discussed a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally. Feedback: Points: Points Range: 32 (16%) – 35.6 (17.8%) Satisfactorily identified and discussed a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally. Feedback: Points: Points Range: 36 (18%) – 40 (20%) Thoroughly identified and discussed a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally. Feedback: HRM510-A4-55. 3 references5% Points: Points Range: 0 (0%) – 6.9 (3.45%) No references provided. Feedback: Points: Points Range: 7 (3.5%) – 7.9 (3.95%) Does not meet the required number of references; some or all references poor quality choices. Feedback: Points: Points Range: 8 (4%) – 8.9 (4.45%) Meets number of required references; all references high quality choices. Feedback: Points: Points Range: 9 (4.5%) – 10 (5%) Exceeds number of required references; all references high quality choices. Feedback: HRM510-A4-66. Writing Mechanics, Grammar, and Formatting5% Points: Points Range: 0 (0%) – 6.9 (3.45%) Serious and persistent errors in grammar, spelling, punctuation, or formatting. Feedback: Points: Points Range: 7 (3.5%) – 7.9 (3.95%) Partially free of errors in grammar, spelling, punctuation, or formatting. Feedback: Points: Points Range: 8 (4%) – 8.9 (4.45%) Mostly free of errors in grammar, spelling, punctuation, or formatting. Feedback: Points: Points Range: 9 (4.5%) – 10 (5%) Error free or almost error free grammar, spelling, punctuation, or formatting. Feedback: HRM510-A4-77. Appropriate use of APA in-text citations and reference Points: Points Range: 0 (0%) – 6.9 (3.45%) Lack of in-text citations and / or lack of reference section. Feedback: Points: Points Range: 7 (3.5%) – 7.9 (3.95%) In-text citations and references are provided, but they are only partially formatted correctly in APA style. Feedback: Points: Points Range: 8 (4%) – 8.9 (4.45%) Most in-text citations and references are provided, and they are generally formatted correctly in APA style. Feedback: Points: Points Range: 9 (4.5%) – 10 (5%) In-text citations and references are error free or almost error free and consistently formatted correctly in APA style. Feedback: HRM510-A4-88. Information Literacy / Integration of Sources5% Points: Points Range: 0 (0%) – 6.9 (3.45%) Serious errors in the integration of sources, such as intentional or accidental plagiarism, or failure to use in-text citations. Feedback: Points: Points Range: 7 (3.5%) – 7.9 (3.95%) Sources are partially integrated using effective techniques of quoting, paraphrasing, and summarizing. Feedback: Points: Points Range: 8 (4%) – 8.9 (4.45%) Sources are mostly integrated using effective techniques of quoting, paraphrasing, and summarizing. Feedback: Points: Points Range: 9 (4.5%) – 10 (5%) Sources are consistently integrated using effective techniques of quoting, paraphrasing, and summarizing. Feedback: HRM510-A4-99. Clarity and Coherence of Writing5% Points: Points Range: 0 (0%) – 6.9 (3.45%) Information is confusing to the reader and fails to include reasons and evidence that logically support ideas. Feedback: Points: Points Range: 7 (3.5%) – 7.9 (3.95%) Information is partially clear with minimal reasons and evidence that logically support ideas. Feedback: Points: Points Range: 8 (4%) – 8.9 (4.45%) Information is mostly clear and generally supported with reasons and evidence that logically support ideas. Feedback: Points: Points Range: 9 (4.5%) – 10 (5%) Information is provided in a clear, coherent, and consistent manner with reasons and evidence that logically support ideas. Feedback: Show Descriptions Show Feedback 1. Address your understanding of the term constructive discharge (What is it?). Then, identify factors courts might focus on to determine if a claim of constructive discharge exists. How might the organization avoid claims of constructive discharge?15%–Levels of Achievement: Unacceptable 0 – 69% F 0 (0%) – 20.7 (10.35%) Did not submit or incompletely addressed your understanding of the term constructive discharge (What is it?), and identified factors courts might focus on to determine if a claim of constructive discharge exists to include stating how might the organization avoid claims of constructive discharge. Fair 70 – 79% C 21 (10.5%) – 23.7 (11.85%) Partially addressed your understanding of the term constructive discharge (What is it?), and identified factors courts might focus on to determine if a claim of constructive discharge exists to include stating how might the organization avoid claims of constructive discharge. Proficient 80 – 89% B 24 (12%) – 26.7 (13.35%) Satisfactorily addressed your understanding of the term constructive discharge (What is it?), and identified factors courts might focus on to determine if a claim of constructive discharge exists to include stating how might the organization avoid claims of constructive discharge. Exemplary 90 – 100% A 27 (13.5%) – 30 (15%) Thoroughly addressed your understanding of the term constructive discharge (What is it?), and identified factors courts might focus on to determine if a claim of constructive discharge exists to include stating how might the organization avoid claims of constructive discharge.Feedback: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?20%–Levels of Achievement: Unacceptable 0 – 69% F 0 (0%) – 27.6 (13.8%) Did not submit or incompletely discussed the differences between “pure employment at-will” and “employment at-will with exceptions” and offered your belief on whether employment at-will is fair. If not, did not submit or incompletely discussed an alternative. Fair 70 – 79% C 28 (14%) – 31.6 (15.8%) Partially discussed the differences between “pure employment at-will” and “employment at-will with exceptions” and offered your belief on whether employment at-will is fair? If not, partially discussed an alternative. Proficient 80 – 89% B 32 (16%) – 35.6 (17.8%) Satisfactorily discussed the differences between “pure employment at-will” and “employment at-will with exceptions” and offered your belief on whether employment at-will is fair? If not, satisfactorily discussed an alternative. Exemplary 90 – 100% A 36 (18%) – 40 (20%) Thoroughly discussed the differences between “pure employment at-will” and “employment at-will with exceptions” and offered your belief on whether employment at-will is fair? If not, thoroughly discussed an alternative.Feedback:3. Briefly describe what is the Montana Wrongful Discharge from Employment Act (WDEA). What do you see as benefits of this act to employees? Employers?20%–Levels of Achievement: Unacceptable 0 – 69% F 0 (0%) – 27.6 (13.8%) Did not submit or incompletely briefly described what is the Montana Wrongful Discharge from Employment Act (WDEA) and what you see as benefits of this act to employees and employers. Fair 70 – 79% C 28 (14%) – 31.6 (15.8%) Partially described what is the Montana Wrongful Discharge from Employment Act (WDEA) and what you see as benefits of this act to employees and employers. Proficient 80 – 89% B 32 (16%) – 35.6 (17.8%) Satisfactorily described what is the Montana Wrongful Discharge from Employment Act (WDEA) and what you see as benefits of this act to employees and employers. Exemplary 90 – 100% A 36 (18%) – 40 (20%) Thoroughly described what is the Montana Wrongful Discharge from Employment Act (WDEA) and what you see as benefits of this act to employees and employers.Feedback:4. Identify and discuss a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally.20%–Levels of Achievement: Unacceptable 0 – 69% F 0 (0%) – 27.6 (13.8%) Did not submit or incompletely identified and discussed a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally. Fair 70 – 79% C 28 (14%) – 31.6 (15.8%) Partially identified and discussed a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally. Proficient 80 – 89% B 32 (16%) – 35.6 (17.8%) Satisfactorily identified and discussed a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally. Exemplary 90 – 100% A 36 (18%) – 40 (20%) Thoroughly identified and discussed a minimum of three (3) actions organizations may want to consider as they seek to handle employee terminations legally.Feedback:HRM510-A4-55. 3 references5%–Levels of Achievement: Unacceptable 0 – 69% F 0 (0%) – 6.9 (3.45%) No references provided. Fair 70 – 79% C 7 (3.5%) – 7.9 (3.95%) Does not meet the required number of references; some or all references poor quality choices. Proficient 80 – 89% B 8 (4%) – 8.9 (4.45%) Meets number of required references; all references high quality choices. Exemplary 90 – 100% A 9 (4.5%) – 10 (5%) Exceeds number of required references; all references high quality choices.Feedback:HRM510-A4-66. Writing Mechanics, Grammar, and Formatting5%–Levels of Achievement: Unacceptable 0 – 69% F 0 (0%) – 6.9 (3.45%) Serious and persistent errors in grammar, spelling, punctuation, or formatting. Fair 70 – 79% C 7 (3.5%) – 7.9 (3.95%) Partially free of errors in grammar, spelling, punctuation, or formatting. Proficient 80 – 89% B 8 (4%) – 8.9 (4.45%) Mostly free of errors in grammar, spelling, punctuation, or formatting. Exemplary 90 – 100% A 9 (4.5%) – 10 (5%) Error free or almost error free grammar, spelling, punctuation, or formatting.Feedback:HRM510-A4-77. Appropriate use of APA in-text citations and reference–Levels of Achievement: Unacceptable 0 – 69% F 0 (0%) – 6.9 (3.45%) Lack of in-text citations and / or lack of reference section. Fair 70 – 79% C 7 (3.5%) – 7.9 (3.95%) In-text citations and references are provided, but they are only partially formatted correctly in APA style. Proficient 80 – 89% B 8 (4%) – 8.9 (4.45%) Most in-text citations and references are provided, and they are generally formatted correctly in APA style. Exemplary 90 – 100% A 9 (4.5%) – 10 (5%) In-text citations and references are error free or almost error free and consistently formatted correctly in APA style.Feedback:HRM510-A4-88. Information Literacy / Integration of Sources5%–Levels of Achievement: Unacceptable 0 – 69% F 0 (0%) – 6.9 (3.45%) Serious errors in the integration of sources, such as intentional or accidental plagiarism, or failure to use in-text citations. Fair 70 – 79% C 7 (3.5%) – 7.9 (3.95%) Sources are partially integrated using effective techniques of quoting, paraphrasing, and summarizing. Proficient 80 – 89% B 8 (4%) – 8.9 (4.45%) Sources are mostly integrated using effective techniques of quoting, paraphrasing, and summarizing. Exemplary 90 – 100% A 9 (4.5%) – 10 (5%) Sources are consistently integrated using effective techniques of quoting, paraphrasing, and summarizing.Feedback:HRM510-A4-99. Clarity and Coherence of Writing5%–Levels of Achievement: Unacceptable 0 – 69% F 0 (0%) – 6.9 (3.45%) Information is confusing to the reader and fails to include reasons and evidence that logically support ideas. Fair 70 – 79% C 7 (3.5%) – 7.9 (3.95%) Information is partially clear with minimal reasons and evidence that logically support ideas. Proficient 80 – 89% B 8 (4%) – 8.9 (4.45%) Information is mostly clear and generally supported with reasons and evidence that logically support ideas. Exemplary 90 – 100% A 9 (4.5%) – 10 (5%) Information is provided in a clear, coherent, and consistent manner with reasons and evidence that logically support ideas.Feedback:Name:HRM510 Week 10 Assignment 4: Avoiding Wrongful Employee TerminationsDescription:HRM510 Week 10 Assignment 4: Avoiding Wrongful Employee Terminations
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