...INTEROFFICE MEMORANDUM TO: DONALD ERTL: CEO FROM: M.T. ALLEN: HR SPECIALIST SUBJECT: EMPLOYEE CONSTRUCTIVE DISCHARGE SUITE DATE: 7/22/2012 CC: LEGAL DEPARTMENT I. PROBLEM: We have received notice of suit arguing that the plaintiff, a former employee, was forced to resign due to constructive discharge. The plaintiff is seeking injunctive relief under Title VII of the Civil Rights Act of 1964. Even though the employee is the one who has quit, it is ERTL Toys that can be legally liable for lost wages, pain and suffering, and punitive damages if the plaintiff prevailed. II. DISCUSSION: A. Constructive Discharge Constructive discharge, or constructive dismissal as it is sometimes referred to, makes a legal claim that the employer made a material breach of contract that is implied between the defendant ERTL Toys (“Employer”), and the plaintiff (“Employee"), by making unilateral changes to the implied contract that forces the Employee into a default situation. (Various, 2011)1 Specifically, Employee argues that ERTL Toy’s unilateral change of work schedules made Employee’s continued employment untenable because working on specific holy days is forbidden according to his religious doctrine. B. Title VII 42 U.S.C. § 2000e-2 "Title VII of the Act, codified as Subchapter VI of Chapter 21 of 42 U.S.C. § 2000e [2] et seq., prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin." (Title VII 42 U.S.C. § 2000e-2, 1964)2 The...
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...Elizabeth Gomez Saratoga Hostel v. Avila (2009) In 1999, Maria Avila was hired as a housekeeper by Saratoga Hostel; she was 42 years old. Her duties included: cleaning twelve rooms a day, doing some laundry, and cleaning the hallways as well. Due to the economic crisis of 2009, Saratoga Hostel hired a new business consultant to find ways to reduce costs and personnel. The housekeeping department let go 3 of their 10 employees. The manager then decided to train all employees to clean 14 rooms per day instead of 12. When the training was over, 3 employees could not handle the pressure of the new routine, Avila was of them. These three employees were given another week of training. After that week, when their performance did not improve, the manager called each of the 3 employees to a private meeting, and opened a new part-time/seasonal housekeeper position. Avila was given a verbal warning for her current poor performance (up to this point, Avila’s performance was always described as “good” or “excellent”.) Comments about Avila’s age starting to be heard around the hotel after her warning; she was called “grandma”, and constantly asked if she usually uses her “senior discount” at stores. She was the oldest housekeeper. Also, rumors around the employees were saying that, out of the three employees who were called to speak to the manager, only Avila’s was given a verbal warning. When her performance did not improve, she was terminated in January...
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...[G.R. No. 183383 : April 05, 2010] ANABEL BENJAMIN AND RENATO CONSOLACION, PETITIONERS, VS. AMELLAR CORPORATION, RESPONDENT. D E C I S I O N Amellar Corporation (respondent) provides information technology services to local government units (LGUs) including computerizing their system and operations. In October 1999, respondent hired petitioner Anabel Benjamin (Anabel) who, since March 26, 2001, was the Project Data Controller of its Content Build Up (CBU) Department. The CBU Department of respondent collates and cleanses all the paper data gathered from the LGU-client which are then encoded and fed into the designed operating system. As the most senior member of the department, Anabel was its officer-in-charge. From 2002 to 2003, she administered the CBU functions of respondent's projects in Imus, Cavite and Mabini, Batangas.[1] Petitioner Renato Consolacion (Consolacion), a supervising data controller in respondent's Imus project, directly reported to Anabel.[2] By letter of March 20, 2003, the municipal assessor of Mabini, Batangas informed the manager of respondent that its real property tax administration database was not "100% complete," contrary to the report of respondent's supervising data controller Evangeline Repiano (Evangeline).[3] Melvin Tandoc (Tandoc), respondent's Technology Manager, thus sent Anabel a memorandum of March 27, 2003 reading: This is the first written complaint of such nature that we have received from our client. However...
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...ANALOGY EXERCISE A Directions: In each of the following questions,there is a certain relationship between two given words on one side of : : and one word is given on another side of : :while another word is to be found from the given alternatives,having the same relation with this word as the words of the given pair bear. Choose the correct alternative. 1 . Moon : Satellite : : Earth :? (A) Sun (B) Planet (C)Solar System (D) Asteroid Ans: (B) Explanation: Moon is a satellite and Earth is a Planet . 2 . Forecast : Future : : Regret :? (A) Present (B) Atone (C)Past (D)Sins Ans: (C) Explanation: Forecast is for Future happenings and Regret is for past actions . 3. Influenza : Virus : : Typhoid : ? (A) Bacillus (B)Parasite (C)Protozoa (D) Bacteria Ans: (D) Explanation: First is the disease caused by the second . 4. Fear : Threat : : Anger : ? (A)Compulsion (B)Panic (C)Provocation (D)Force Ans: (C) Explanation: First arises from the second . 5. Melt : Liquid : : Freeze : ? (A)Ice (B)Condense (C)Solid (D)Crystal Ans: (C) Explanation: First is the process of formation of the second . 6. Clock : Time : : Thermometer : ? (A)Heat (B)Radiation (C)Energy (D)Temperature Ans: (D) Explanation: First is an instrument used to measure the second . 7. Muslim : Mosque : : Sikhs : ? (A)Golden Temple (B)Medina (C)Fire Temple (D)Gurudwara Ans: (D) Explanation: Second is the pace of worship for the first . 8. Paw : Cat : : Hoof : ? (A)Horse (B)Lion (C)Lamb (D)Elephant Ans: (A) Explanation: First...
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