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Construct. Discharge

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Submitted By jdewitt
Words 1270
Pages 6
Memo
RE: Constructive Discharge
_____________________________________________________________________________________
A. Constructive discharge was created to allow employees’ recourse if it is felt discrimination has taken place by the employer or another employee. To successfully establish this charge, the former employee must prove work conditions were discriminatory in nature. There are two general categories that could constitute constructive discharge. The first example is an intolerable condition within the physical environment or an objectionable assignment given to the employee. Second, unbearable conditions created by leadership or peers which would be described as offensive and/or demeaning in character. This would give the employee reasonable criteria for a case. Both instances can cause excessive stress and hardship which would make the average employee resign. In either example the employee resigning could be consider an informal firing. If the employee can prove the allegation is true and PlaynowToys did not correct the issue within 15 days of notice, unemployment benefits could be awarded.

Constructive discharge may apply because PlaynowToys changed the requirements for employment as it relates to all employee’s work schedule. This change caused Ms. Smith distress because of her personal religious convictions. Ms. Smith became conflicted between continuing employment and following personal religious practices. PlaynowToys’ policy change can be viewed as a discriminatory act by not considering employees’ personal religious practices. The employee believed she would be penalized by not conforming to PlaynowToys’ policy. This resulted in the employee leaving the company. The employee disputes the policy change by filing a lawsuit alleging there is discriminatory action on the part of PlaynowToys by requiring the employee to work on a holy day.

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