Wronful Discharge

Define wrongful discharge, just cause, and due process. Discuss how they are

interrelated

A wrongful discharge is a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of employment, or a statute provision in employment law. It follows that the scope for wrongful dismissal varies according to the terms of the employment contract, and varies by jurisdiction. Being terminated for any of the items listed below may constitute wrongful termination, discrimination, retaliation, employee's refusal to commit an illegal Act, employer not following own termination procedures. Just caused is reasonable justification for taking employment-related action. Even though definitions of just cause vary, the overall concern is fairness. To be viewed by other as “just”, any disciplinary action must be based on facts in the individual case. Due process is the requirement that the employer use fair means to determine employee wrongdoing and or disciplinary measures, and that the employee have an opportunity to explain and defend his or her actions. Wrongful discharge, just causes, and due process make up what is referred to the employment relationship which is a mutual relationship in which both employers and employees have rights. Rights affecting employment include employment at-will, due process, and dismissal for just cause.

Discuss a positive approach to discipline and outline the three steps before termination.

Discipline is a form of training that enforces organizational rules. Those most often affected by the discipline systems in an organization are problem employees. According to the text common disciplinary problems include absenteeism, tardiness, productivity deficiencies, alcoholism, and insubordination. A positive approach to discipline includes a positive discipline approach and a progressive discipline approach. The first, a positive...