(Top QUALITY 2024/2025 EXAM REVIEW) WGU C233 Complete Study Questions and answers, 100% Accurate, Graded A+
WGU C233 Complete Study Questions and answers, 100% Accurate, Graded A+ Describe the three (3) exceptions to employment at will. Just cause. Discrimination. Public policy. Describe constructive discharge. Constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. What is an example of constructive discharge? A manager who says, "I'm going to make your life here so miserable that you'll quit," then proceeds to do just that. Describe how intentional interference with a contract may happen. Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party causing economic harm. What is important for employers with regard to how they treat employees during termination? -Strictly at-will an employee may be terminated at any time without cause. However, as noted earlier, that termination may not violate public policy or good faith and fair dealing. -The concept of “progressive discipline” leading to termination is a human resource concept, not a legal one. However, if an employer promises in an employee handbook, or by conduct, guarantees that certain remedial action – progressive discipline – will be offered, that agreement must be honored and the remedial steps followed, or the fired employee may have a claim of wrongful discharge. -If an employee has made a claim of unlawful discrimination, the employer must be very careful to avoid a claim that termination was motivated by retaliation. However, if an employee deserves termination, the employee’s failings have been adequately documented, and all progressive discipline steps been unsuccessful, then the employer is justified in terminating the employee -The employer must remember when terminating employees to treat all employees exactly the same. Disparate treatment of employees in the termination process is just as unlawful as in the on-boarding process. How can an employer protect itself against a wrongful termination, termination based on discrimination, or retaliation claim? 1. Communicate Regarding Expectations 2. Keep Great Documentation 3. Be Compassionate During Terminations 4. Purchase Liability Insurance 5. Help Employees with Next Steps Implied Contract Exception an exception available in at-will employment. Under the implied contract exception, an employer may not fire an employee in a situation where an implied contract has formed between an employer and employee. A written instrument expressing the employment relationship will not exist. Implied Good Faith and Fair Dealing This duty requires that neither party will do anything that will destroy or injure the right of the other party to receive the benefits of the contract. Collective Bargaining Agreement A contract negotiated by the employer and representatives of the labor union, and it covers issues related to employment. Constructive Discharge Constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. What are the six steps in filing a discrimination complaint with the EEOC? 1. Employee believes a discriminatory act occurred 2. Employee files compliant with EEOC 3. EEOC examines employee's claim to determine whether a prima facie case exists 4. EEOC sends complaint to employer 5. Employer responds to EEOC addressing employee's assertion of events 6. EEOC decides to pursue further with more investigation and pursuit of settlement or issuance of a "Right to Sue" letter, which gives employee the right to see
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- WGU C233 Employment Law
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