Exam 16: Terminating Individual Employees

An employer's constructive discharge of an employee creates a cause of action for that employee for wrongful discharge.

In Dorshkind v. Oak Park Place of Dubuque II , Dorshkind claimed a wrongful discharge maintaining that her report of the wrongdoing of other employees fell within the public policy exception to employment at will, so that she should not have been terminated from her employment. The court ruled:

You are the HR Manager for your company. One of your employees has been actively involved in demonstrations at City Hall, protesting the city's refusal to adopt any environmentally-friendly ordinances or practices. While at these protests, he is often wearing a company T-shirt, and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city's environmental policies, something which your Board of Directors has not authorized. You should:

The Montana Wrongful Discharge from Employment Act (WDEA):

Why is each of the following good legal advice? ​ a. Resignations should be documented in written resignation agreements that stipulate the voluntary nature of the resignation ​b. Terminated employees should be provided with a clear and succinct statement of the reasons for their termination c. Discipline should be administered in a consistent fashion d. Unionized employers must communicate any significant changes in rules to employees and their union before enforcing those new rules. e. Prior to termination, public employers must provide employees with notice of the charges against them, an explanation of the evidence, and an opportunity to respond. f. Employers should incorporate disclaimers into employee handbooks and other documents defining the employment relationship

Unless an employee has a written contract of employment for a term of years, she can not sue for termination based on contract.

The best description of the current day legal standard of employment for most workplace employees is employment at will.

Regarding the termination of individual employees, it is NOT correct to say that: ​

The legal environment for public employees differs from private sector employment in all of these ways EXCEPT:

Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT: ​

Which of the following is a circumstance under which the public policy exception to employment at will is NOT recognized?

In a constructive discharge: ​

Which of the following is required for a successful implied contract wrongful discharge claim?

An employee of a family-owned car dealership suffered an injury while lifting computer equipment on the job. The employee reported the injury to the HR department, and sought worker's compensation benefits. The owner of the car dealership was convinced that the injury was actually incurred in a stockcar accident, and told a supervisor to get the employee to sign a form waiving his right to receive worker's compensation for the injury. The supervisor (a brother of the owner)was told that if he didn't get the employee (who happened also to be his son)to sign the waiver, both of them would be fired. A waiver was never signed, and both employees were terminated. They sued. All of the following are most likely true, EXCEPT:

This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.

Which of the following is generally NOT required to establish just cause for a termination?

Just cause is required for the discipline or discharge of unionized employees because:

You are the Director of Human Resources for a medium sized company private company and have discharged Aimee, a 25 year old black at-will employee for poor work, constant tardiness, and taking longer breaks than authorized by company policy.  She is not well liked by her fellow workers and her work is indeed slightly below satisfactory levels. Company files evidence numerous sub-standard reviews and that her conduct persisted despite numerous written warnings.  You are confident that the company has proper cause to terminate Aimee whether she was at-will or not.  When you call her into your office to notify her of her termination, she gets very indignant saying that her work is fine and that she's not the only one late or abusive of break periods.  She then asserts that she's being singled out because of her sex and her race.  She asks about severance pay and you notify her that there will not be any.  Aimee then informs you that she is going to sue the company for wrongful termination based on discrimination and for severance pay.  The company does not want Aimee to work there any more under any circumstances but does not want the cost or publicity that a law suit would bring.  What would you suggest to possibly abate the law suit?

Due process includes all of these EXCEPT:

A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is: ​