What are the legal requirements that must be met by employers to avoid wrongful discharge?

What will be an ideal response?


Discipline practices must avoid the charge of wrongful discharge. First, this means the discharge may not violate an implied agreement. Terminating an employee may violate an implied agreement if the employer had promised the employee job security or if the action is inconsistent with company policies. Another reason a discharge may be considered wrongful is that it violates public policy. Violations of public policy include terminating the employee for refusing to do something illegal, unethical, or unsafe. It is also a violation of public policy to terminate an employee for doing what the law requires. HR professionals can help organizations avoid (and defend against) charges of wrongful discharge by establishing and communicating policies for handling misbehavior. They should define unacceptable behaviors and identify how the organization will respond to them. Managers should follow these procedures consistently and document precisely the reasons for disciplinary action. In addition, the organization should train managers to avoid making promises that imply job security. Finally, in writing and reviewing employee handbooks, HR professionals should avoid any statements that could be interpreted as employment contracts. When there is any doubt about a statement, the organization should seek legal advice.

Business

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