Mod 3 - CA Discipline & Discharge

Mod 3 - CA Discipline & Discharge

Terms of Wrongful Discharge, Employment at Will and Progressive Discipline

When an employer discharge the employment of any employee in breaking of the terms and conditions of the employment contract, in the contravention of the constitutional and law provision is said to happened the event of Wrongful Termination or Wrongful Discharge. An employee will have a cause of action when he/she is discharge wrongfully. Cause of action gives an employee to initiate legal proceeding against his/her employer (Bales et al., 2007). From the information available, Susan has got the Employee Handbook, which clearly explained all the relevant policies of illness and discipline. The behavior of Susan and some health issues has caused problem for the company. So term of wrongful discharge does not apply to this case.

The concept of employment at will does not apply to Susan case, because she signed the contract with Val-Tech and she was given three months of probation to prove herself worthy of having the required job. Employment at will allow both parties involved in the contract to terminate the contract any point of time without prior notice. Employment at will does not have any governing term that governs the employment relationship between employer and employee. But in the case of Susan, there is a set of rules and regulations, which are clearly mentioned in the Employees Handbook and Susan, got that handbook by mail.

Progressive discipline is the process, where organization take severe measure and stiff steps against an employee to make his/her action corrected. Before process of progressive discipline is initiated, normally organizations gives verbal and written warning to correct the problem, but when employee fails to response accordingly, organization may initiate the process of progressive discipline. The case of Susan is much closer ...