Discrimination Memo
Memorandum
To: Mr. Day O Mayo, Chief Executive Officer
From: Terrance Bulger, Elementary Division Manager
Date: 12/27/2012
Re: Response to Pending Legal Action from Former Employee This communication is being sent regarding Mr. James Gaut, a former production employee of Company G. A formal complaint has come into my office, and it is my intent to succinctly make senior management and EEOC aware of our involvement in this incident along with our intent in resolving this matter. Brief background regarding Mr Gaut’s time at our firm reflects at the time he was hired our firm’s production team had a schedule the same as the office staff, Monday thru Friday. My promotion to assistant manager of the Elementary division created the vacancy on the production team for which he was selected. James was a consistent worker, who produced acceptable work. Though he was a willing, and wonderful worker he was very private about personal matters, understandably. At the beginning of the year, when we implemented the work schedule change to keep up with company growth, Mr. Gaut quit. The structure of the schedule change was from Monday thru Friday to a 12 hour rotating shift of 4 days on and 4 days off. This amounted to some working days coinciding with the employee’s religious holy day.
Constructive discharge is a legal term meaning that one actually quit his job, but meeting certain conditions such as an employer violating discrimination or harassment; laws triggers the legal system to deem the termination as without good cause. A voluntary quit greatly reduces the strength of one’s legal rights. There are several reasons that constructive discharge would not apply to Mr. Gaut’s termination of employment. No evidence or documentation of his grievances being filed up the chain of command, even at the lowest level beginning with his immediate supervision. We found no verbal or written feedback from Mr. Gaut that suggested his working environment was intolerable or
To: Mr. Day O Mayo, Chief Executive Officer
From: Terrance Bulger, Elementary Division Manager
Date: 12/27/2012
Re: Response to Pending Legal Action from Former Employee This communication is being sent regarding Mr. James Gaut, a former production employee of Company G. A formal complaint has come into my office, and it is my intent to succinctly make senior management and EEOC aware of our involvement in this incident along with our intent in resolving this matter. Brief background regarding Mr Gaut’s time at our firm reflects at the time he was hired our firm’s production team had a schedule the same as the office staff, Monday thru Friday. My promotion to assistant manager of the Elementary division created the vacancy on the production team for which he was selected. James was a consistent worker, who produced acceptable work. Though he was a willing, and wonderful worker he was very private about personal matters, understandably. At the beginning of the year, when we implemented the work schedule change to keep up with company growth, Mr. Gaut quit. The structure of the schedule change was from Monday thru Friday to a 12 hour rotating shift of 4 days on and 4 days off. This amounted to some working days coinciding with the employee’s religious holy day.
Constructive discharge is a legal term meaning that one actually quit his job, but meeting certain conditions such as an employer violating discrimination or harassment; laws triggers the legal system to deem the termination as without good cause. A voluntary quit greatly reduces the strength of one’s legal rights. There are several reasons that constructive discharge would not apply to Mr. Gaut’s termination of employment. No evidence or documentation of his grievances being filed up the chain of command, even at the lowest level beginning with his immediate supervision. We found no verbal or written feedback from Mr. Gaut that suggested his working environment was intolerable or