Describe the elements of due process and just clause

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Reference no: EM133804992

Homework: Business

Competencies Measured

By successfully completing this homework, you will demonstrate your proficiency in the following course competencies:

I. Competency I: Examine the effect of the employment process on current work environments.

1. Analyze the policy and procedures of employee termination.

II. Competency II: Analyze trends and changes in the laws on diversity, gender, and harassment.

1. Describe the differences between constructive discharge and wrongful termination.

III. Competency III: Apply the laws and safety issues in the workplace.

1. Describe the elements of due process.

2. Explain employment-at-will procedures.

IV. Competency IV: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resources profession.

1. Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resources profession.

Termination is never easy for anyone involved but at times are necessary for the efficiency of the company. In this scenario, as an HR generalist, you have been tasked with preparing a manager with the necessary documents required to terminate an employee.

Consider the following scenario:

Sam has been an employee with the agency for almost a year. He is often late for his shift and his work products are less than stellar. He often gets into verbal arguments with coworkers and has been warned several times about his conduct. The manager now informs you that while in his office he heard a loud bang. He went to investigate only to realize that Sam had smashed his computer on the floor because he could not get an application to work. The manager felt that Sam has violated company conduct policies and wanted to terminate him.

In a 3 to 4 pages paper:

I. Describe constructive discharge. How does this differ from wrongful termination?

II. Analyze the policy and procedure used in the event of an employee termination.

III. Describe the elements of due process and just clause. Do you feel that all employers should meet these standards before terminations can take place?

IV. Explain whether the employment-at-will with exceptions standard provide sufficient protection for employees.

V. Explain the process to ensure employees' rights are not violated.

VI. Discuss the steps the manager should follow after a termination decision has been made, and how the termination should be handled.

Reference no: EM133804992

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