...interoffice memorandum to: | Richey Richman, CEO | from: | Elementary division manager | subject: | employee’s claim of constructive discharge | date: | June 10, 2013 | | | Constructive discharge is when an employee feels he or she has been forced to resign or quit their job because the employer has made their working conditions intolerable to a point that any reasonable person would have also resign or quit. The employee does not have to explain why they were forced to quit or resign. In cases where religion is sited, he or she may think, or feel, they must quit or resign because of a conflict with their religious beliefs, and being able to perform their job to managements expected levels. Title VII of the Civil Rights Act of 1964, volume 42 U.S.C. § 2000e-2(a) (1); states in pertinent part: (a) Employer practices It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or This section of the US code prohibits discrimination against a person based on their religious beliefs and/or convictions. Also, Title VII requires an employer to provide reasonable accommodation for an employee's religious practices and observances, unless doing so would cause an undue hardship to the employer. (Ross...
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...| Toy Company | Memo To: CEO From: , Elementary Division Manager Date: [ 11/19/2012 ] Re: Employee Constructive Discharge A. As I am sure you are aware, production staff is now required to work four consecutive twelve hour days. Then they have four days off. These days can be any day Monday through Sunday. A former employee has quit due to these circumstances and is claiming constructive discharge. Constructive discharge is when an employer creates an environment so uncomfortable for the employee that he or she is compelled to resign (Underwood, 1998, p.343). Underwood states that an employee forced to resign under these conditions is said to have been constructively discharged (1998, p.343). Constructive discharge would apply here. The environment is not uncomfortable or unbearable every day. However, the way an employee of certain religious background would feel working on a Holy day would be of great discomfort. There is also a process that needs to be followed for constructive discharge to be considered. The employee needs to inform the employer about the working conditions that are making it uncomfortable or unbearable. The employee needs to give the employer fifteen days to respond about the conditions. B. According to the Society for Human Resource Management, Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to...
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...studies (Nigerian universities, etc.,) identify that the major turnover reasons are related to compensation and benefits, development, stress, perceived alternative work opportunities, leadership issues, and overall job satisfaction. When it comes to compensation, employees ultimately decide to leave because they are not happy with their pay or their benefits. In some cases, the employee is in need of better compensation, which prompts them to find a job elsewhere. If an employee is seeking development opportunities in his or her career and it is not being provided, the employee decides to move on and find better opportunities with a new employer. Stress is also a big factor in intent to turnover. When the work environment becomes stressful, employee's feel overwhelmed. Leadership is often a cause of stress in the workplace. Perceived alternative work opportunities also entice employees to seek employment elsewhere. If they think they can find a better job, better pay, a better environment, or a better boss, they tend to move on. Overall job satisfaction includes all of these aspects, including leadership and the organizational...
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...the employee’s claim. Constructive discharge is when an employee resigns from a job, claiming that the employer has made it impossible for the employee to continue working for the company. Because the resignation is not truly voluntary, it is considered termination or firing. In order to establish a constructive discharge claim, the employee must show reasonable evidence that the discharge occurred, also known as “prima facie”. To show prima facie, the plaintiff must show the following factors occurred: 1. The employee resigned directly because of a change in working condition or policy implemented by the employer (Niznik, 2012). 2. There was a “cause and effect” relationship between the resignation and the change in working condition or policy; both must have occurred within reasonable time of each other (Niznik ,2012). 3. Any reasonable employee would resign under the same circumstances because the change in policy or working condition was unbearable (Niznik ,2012). 4. The resignation was predictable – the employer intentionally implemented the change, knowing any reasonable would quit (Niznik ,2012). Although the employee can prove factors #1 & 2 occurred, it would be extremely difficult for the employee to prove that any other “reasonable” employee would resign because of the new policy (#3). Additionally, the company could not predict the employee would resign, nor would the company intentionally implement a policy to force an employee to quit (#4)...
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...problem. That's not to say that every employee who leaves your company is unsatisfied — after all, some will retire, leave town, quit because of family circumstances, desire to change professions, or even start a business of their own. But if you have a lot of turnover and you're losing good employees, you may want to give some thought to the possibility that the cause of high employee turnover in your business is a morale problem. Causes of High Turnover The causes of turnover are related to the same factors that contribute to absenteeism — if workers are not interested in their jobs, they will either stay away or leave. But being unhappy in a job is not the only reason why people leave one employer for another. If the skills that they possess are in demand, they may be lured away by higher pay, better benefits, or better job growth potential. While you can't control what's happening with other companies, how much they pay, or which benefits they offer, you can take steps to improve morale at your business and make those employees who are with you happy and productive. That's why it's important to know and recognize the difference between employees who leave because they are unhappy and those who leave for other reasons. The following are some of the more common reasons for high turnover in businesses: A bad match between the employee's skills and the job. Employees who are placed in jobs that are too difficult for them or whose skills are underutilized may become...
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...INTRODUCTION All organizations have people who work in it. Regardless of the size of an organization or the extent of its resources, the organizations still stand because of the capabilities and performance of its people. The capabilities and performance are needed in the organizations to run its business regardless of whether the organization refers to people as Human Resource Management, Human Resource Development, Personal Department or Talent Management. A person or human resource is a valuable asset for an organization. Without them, organization cannot run business and definitely unable to achieve its goal that has been set. Human resources (HR) are the backbone of an organisation (Gerhart & Milkovich 1990, Pfeffer 1998). Many years ago, human resource are called personal department in which it covers the paperwork activities such as filing, recordkeeping and paying the employee. The increasing awareness about the importance of people as an asset to organization has changed the way organizations describe people-human resource. The Human Resource Management (HRM) function includes a variety of activities, such as job analysis, human resource planning, employee recruitment, selection, motivation and orientation, performance evaluation and compensation, training and development, labor relations and employee safety and health. However, recently, the phrase "talent management" is being used to describe human resource and it does refer to the activities that attract...
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...for your employees based on their experience, education, and knowledge. When employees are searching for jobs, one of the first things they want to know is how much they will be making per an hour or if it is salary, the employee will want to know how much their salary is going to be. So that would be one of the most important things to consider when planning for the process of employee benefits. The second most important thing when a company is planning for employee benefits would be medical insurance. Most companies offer health insurance, dental insurance, vision insurance, and prescription coverage. Now a days, every person has to have health insurance due to the Obama care so that is why the medical insurance is one of the most important things to plan when planning the employee’s benefits process. Medical insurance is important because it helps everyone in the family to be able to see a doctor and to be seen when they are sick. This also helps with the productivity within the workplace when people are not always sick(2012). The third thing that is important when a company is planning for employee benefit’s process would be paid time off. This would include vacation time, sick days, and holidays. Some...
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...Subject: Termination of employment checklist Following our conversation from last week, I noticed that all employees who has been terminated have no termination of employment record. In this memo I am proposing a reorganization of all employee’s files by adding more information regarding their leave. The company has 128 employees and also have personnel form placement agencies. When I need to find details about employment/unemployment, i should be able to retrieve it with no delay and no time consuming. From my yesterday experience, we had to lay off two employees from the production department. I was unable to submit a brief report about the termination. They left the company without signing out and without giving back the tools that belongs to the company. My plan is to use a spreadsheet which can be used when employees are being fired, lay off, quit, parental leave, sick leave, etc. The following items should be checked off prior to an employee leave. Not all items will apply to all employees or all circumstances. Once the form is completed, it will be placed in the employees personal file and kept for two years: - Meet with the employee in a private, neutral location such as conference room or closed office to inform about why they are being fired or lay off; - Give the employee a termination letter that documents their last day, outlining the reason they are no longer working for the company and provide information about severance, benefits and other...
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...Benefits Can Increase Job Satisfaction and Performance How to Determine How Much to Pay Your Employees Workplace Rules Protect Your Business and Maintain a Positive Employee Environment Read more about Managing the Workplace »A high employee turnover rate, the rate at which employees leave a business, can affect the bottom line of businesses of all sizes. However, the negative effect on small businesses can be particularly harsh due to limited resources and the investment in employees. Because employees who are satisfied with their jobs generally don't give them up, high turnover is usually indicative of a problem. That's not to say that every employee who leaves your company is unsatisfied — after all, some will retire, leave town, quit because of family circumstances, desire to change professions, or even start a business of their own. But if you have a lot of turnover and you're losing good employees, you may want to give some thought to the possibility that the cause of high employee turnover in your business is a morale problem. Causes of High Turnover The causes of turnover are related to the same factors that contribute to absenteeism — if workers are not interested in their jobs, they will either stay away or leave. But being unhappy in a job is...
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...LEADERSHIP AND EMPLOYEE TURNOVER IN HOTEL INDUSTRY Submitted By: Mahesh A dissertation submitted in partial fulfillment of the requirements for the degree of B.A (Hons) Date Abstract With the highest employee turnover rate, the hospitality industry need to encourage employees to voice their opinions, ideas, and any of their other concerns for improving performance and reducing employee turnover. The purpose of this study is to investigate the impact of different types of organizational culture and different leadership styles on employee voice in the hospitality industry. Hospitality human resource practitioners could modify their organizational culture and leadership style according to the results of the study, in order to encourage their employee voice. The results of this study could also contribute to the literature about factors that influence employee voice. ACKNOWLEGDEMENT I would like to thanks to my module tutor who helped me a lot to complete this assignment. Table of content Page Number Chapter 1 1.1 Background: 1.2 Aims and Objectives / Research Questions / Hypothesis 1.2.1 Aims & Objectives 1.2.2 Research Question ...
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...Presenteeism and absenteeism are both directly related to the health of an employee both through the employee’s physical condition and mental state (De Lorenzo-Romanella 2011). This essay aims to provide an insight into how both presenteeism and absenteeism due to poor health can affect Australian businesses productivity. As there is limited Australian studies relating to this topic, overseas studies have been reviewed. This comprised of mainly American studies due to the cultural similarities. A brief explanation of what is meant by the terms presenteeism and absenteeism, is needed to help the evidence to show by what means productivity can be affected. Also reviewed is how certain industries require different measures to collect specific data and why there is conjecture about converting presenteeism and absenteeism to monetary values. In addition the results of some employee health programs that have been implemented by some employers will be presented. Presenteeism is the term used for when an employee is present in the place of work, whilst not functioning at 100 percent productivity. This could be due to the employee’s health condition referring to the employee’s physical or mental state or a combination of both (Sanderson et al. 2007; Bergstrom et al. 2009; Brooks et al. 2010; Stewart et al. 2011). Employee self reporting questionnaires is usually how presenteeism is assessed and this is demonstrated throughout the various literature that is presently available. Conditions...
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...Western Governors University MBA / Human Resources – JDT2 – Task 1 MEMO TO: Arnita Hudson, CEO FROM: Heather Barth, Elementary Division Manager DATE: March 6, 2014 RE: Title VII Claim A) After implementing the new 12-hour / 4-day production shift policy, an employee quit and filed a constructive discharge claim with the EEOC. Constructive discharge is an illegal discriminatory practice in which an employee is forced to resign because of an alleged unbearable work environment. Constructive discharge as a legal concept is relevant to our situation in that an employee has quit, alleging religious discrimination. There are legal arguments that must be proven by the accuser in order for a constructive discharge charge to be upheld. “To constitute a constructive discharge, the employer must deliberately create intolerable working conditions, as perceived by a reasonable person, with the intention of forcing the employee to quit and the employee must actually quit.“ (MOORE v. KUKA WELDING SYSTEMS, 1998) The burden lies on the employee, who must establish that working conditions were so difficult that they were obliged to resign because of a 1) discriminatory reason or 2) reason contrary to a well-defined civic policy such as Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 prohibits an employer from refusing to hire, from firing, or discriminating against a worker in any way based on race, color, religion, sex, or national origin. (National...
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...Consensual Relationship Agreement Zachery Jenkins BUS 520: Leadership and Organizational Jelena Vucetic 4/22/12 Consensual Relationship Agreements According to studies, about 80% of people have either been in or witnessed romantic relationships in their workplace (Loftus). Consensual Relationship Agreements or “Love Contracts” are guidelines and agreements between employer and employee on handling these workplace romances. The idea behind these contracts is to differentiate between what is actually an office romance, what is consensual, versus actions that are uninvited, such as sexual harassment. Now whether or not they are necessary or even effective depends on how you choose to analyze them. CRAs could deem themselves pretty useful in my current workplace. Full time employees work an average of 45 hours per week, which is a little over 26% of the entire week if broken down into a percentage. Spending over a quarter of your week in the same place, with the same people, both male and female, the possibility of attraction between two individuals involved will certainly increase. Since it’s nearly impossible to manage human nature, adopting policies and guidelines to accommodate these romances, would actually be fostering the mental psyche of the modern professional man and woman, and allowing them to work in more comfortable and secret-free environment. In the type of team environment that I work in, where each employee has to interact with another on a daily basis...
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...| USA Toy Company | Memo To: Company CEO From: Plant Manager CC: Company Attorney Date: 5/18/2013 Re: Companies Response to an Ex-Employee’s Claim of Constructive Discharge and the Federal Equal Employment Opportunity (EEO) Law How is Constructive Discharge Relevant to this Situation? Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of their race, color, religion, national origin, or sex (Shaker, n.d.). This law provides legal recourse for employees to seek Constructive Discharge for discrimination of their legal rights if they believe a change to a policy or procedure has violated their rights (Shaker, n.d.). The law specific to religious beliefs applies to this situation that has occurred within the company. On November 1, 2011, the Human Resource (HR) Department provided training to the each of the division managers regarding a change to the employee work shift schedule to begin on January 1, 2012. This change was a direct result of the company’s increase in growth and production demand. Following the meeting, each division manager scheduled a date and time that week for their employees to receive comparable training from the HR Department. The HR personnel also relayed to the employees that the change in work shift schedule was a necessary response to the company’s increase in growth and production demand. Employees were given the same opportunity as the division managers to ask questions, receive feedback,...
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...that they need to improve their understanding of how organizational change should occur to produce positive outcomes (Spector, 2010, p. 2). The situation the owners were responding to was the increase in competition from chain bookstores and Internet sales. They did not get the employee’s or the current management staff any notice the change was coming by just telling the staff that a new general manager would be put into place who would take the over the responsibilities of the three person management team currently in place. This led to resignations by the three managers and five other senior employees’ with a total of 73 years’ experience at the bookstore. This had an adverse community reaction regarding its effect on the bookstore. Owners maintained that this change was necessary because of financial considerations (Spector, 2010, p. 2). This paper will key in on the failure of the owners to initiate effective, phased change process that would have decreased the resignations of key staff. Ignoring the different Phases of Change The turmoil that this change created is that the owners ignore primary issues of the staff and fail to understand an effective change process. The owners identified the why, financial impact of chain stores and Internet, but failed with the staff buy-in of the need for change (Borkowski, 2005, p. 380-383). This helped to ensure that the change process would create resistance by employees because they did...
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