Write a response to the following:
Wrongful termination of an employee is a frequent complaint filed with the Equal Employment Opportunity Commission (EEOC). To avoid a finding of wrongful termination, organizations must develop policies and procedures that ensure that proper steps are taken that are consistent with regulations and laws. Providing senior leaders with information that is critical to effectively mitigate potential liability is a critical role for HR.
Research the legal issues associated with terminating employees, and prepare an executive-level paper that addresses the issue of wrongful termination, including the following:
Identify the duties and rights of the parties in an employment contract as well as the liabilities of each in the event of noncompliance.
What is the EEOC's responsibility and process for determining wrongful termination?
List the policies and procedures you would recommend organizations issue to prevent cases of wrongful termination.
Wrongful Termination of an Employee:
Within the workplace, there are several factors which may result to the termination of an employee which may either be supported by the constitution or the available law within a country or not. An employer should always have in mind the various acts and laws put in place concerning the issue of employee termination so as to reduce the cases of wrongful employee termination within organizations which can be ensured through the formation of procedures and policies which in turn ensures adherence to the set rules and regulation concerning issues of employee termination.
According the recent verdict provided concerning the issue of settlements in employment law, discrimination has still continued being an area that raises eyebrows within the equal employment opportunity commission. Areas such as gender discrimination, pregnancy discrimination, and disability discrimination are associated to wrongful employment termination within the workplace in the world today (MacGillivray, Beecher & Golden, 2009).
Legal issues associated to terminating an employee:
Terminating an employee's employment is associated with several legal challenges which an employer should always have in mind. There is several possible discrimination claims which may arise from employment termination which employers should be cognizant with. Proof however has to be provided by an employee that the termination was as a result of a discriminatory issue.
There are several duties and rights which are put in place for the parties available in an employment contract mainly the employee and the employer. The contract however has to be reasonable, equitable and obvious, clear of expression, and does not have to go against any terms of the contract. Test which may be involved in contractual issues may prove to be difficult since both the employee and the employer have to prove that they were in their rightful minds while entering into the contract.
The main duties of an employee within the contract are obedience, fidelity, care and skill. The employee has the obligation of obeying all the terms of contract and exercising fidelity, care and skill ...