aware, the company is currently facing a lawsuit brought about by a former employee, Mr. X. He is claiming that under the Civil Rights Act of 1964, Title VII he has been a victim of “constructive discharge” since we have changed the company’s working schedule policy to a four day rotational shift. Constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay (Equal Employment Opportunity Commission, 2012)., is illegal
Words: 584 - Pages: 3
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
Words: 1576 - Pages: 7
Toy Company | Memo To: CEO ABC Toy Company From: Date: January 9, 2013 Re: Tittle VII: Constructive Discharge Charge A. Constructive Discharge Constructive discharge is when the employment conditions become so intolerable the employee must resign (Dempsey & Petsche). It is believed that certain tactics by an employer can be used to force an employee’s resignation. Constructive discharge is relevant to our situation because the employee believes that the work schedule provided was
Words: 1426 - Pages: 6
Human Resources Task I Western Governors University May 19, 2014 2 A. Constructive discharge as a legal concept is relative to this specific scenario in the aspect of the previous employee quitting because of a perceived evidence of difficult or hostile work environment. A specific event or chain of events, that do not have to be related, can lead to this evidence and elective discharge. In this specific case, a mandated change in scheduling causing an overlap with a religious holy day
Words: 816 - Pages: 4
legal concept of constructive discharge can be defined as willful termination of employment by an employee due to intolerable working conditions. Whether those conditions are created by the employer, or merely allowed to exist at the workplace. The concept continues that any reasonable person would feel the same way if in the same position (Justia.com, n.d.). Essentially, the employee quits because they perceive the working environment to be intolerable. Constructive discharge applies to several
Words: 894 - Pages: 4
CC: | Company Attorney | Date: | 10/18/2014 | Re: | Constructive Discharge and Title VII | Comments: | This memo will explain: A) constructive discharge B) Title VII of the Civil Rights Act of 1964 as it relates to this particular complaint and in general C) recommendations for how the company should respond and also changes to avoid issues with Title VII in the future. | | | A: Constructive Discharge Constructive discharge is legally defined as “forcing an employee to resign by making
Words: 3067 - Pages: 13
the new scheduling requirement, which forced him to work on a holy day. According to the U. S. Equal Employment Commission, constructive discharge is defined as “forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.” (EEOC) Furthermore, the EEO states that “an employer is liable for constructive discharge when it imposes intolerable
Words: 1007 - Pages: 5
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
Words: 1270 - Pages: 6
schedule policy is as follows: A. Constructive Discharge: A discriminatory constructive discharge occurs when the employer discriminatorily creates working conditions that are so difficult, unpleasant, or intolerable that a reasonable person in the aggrieved person's position would feel compelled to resign. In other words, the aggrieved person is essentially forced to resign under circumstances where the resignation is tantamount to the employer's termination or discharge of the employee. (eeoc.gov) As
Words: 1341 - Pages: 6
From: Date: Re: URGENT: Filed Employee Claim under Title VII of the Civil Rights Act of 1964, Constructive Discharge _________________________________________________________________________________ In light of the resent complaint filed by a former employee, I wanted to provide you with this memo. The complaint is based on Constructive Discharge, under Title VII of the Civil Rights Act of 1964. Title VII was established for employees in the United States to protect
Words: 1415 - Pages: 6
