Microsoft To: From: CC: Date: Re: CEO Sheryl Ellis HR 4/30/2013 Constructive Discharge
Per your request regarding former employee
A. According to US Legal Constructive Discharge is generally when working conditions are so intolerable to amount to a firing, despite a lack of a formal termination notice. Most of the time unemployment benefits are not payable unless a Constructive Discharge can be proven. However, it can be established by one of the following: evidence of difficult/unpleasant working conditions so bad that a reasonable person would not remain or evidence of poor conduct by the employer or its agent such as sexual harassment, assault or harassment. Before this can be proven the employee should have notified the employer in writing about the condition and allowed the employer 15 days to respond to see if a reasonable agreement can be made. In the referenced scenario Constructive Discharge does not apply because of these factors: the shift change was due to company growth and the entire production department was affected not one single person therefore no misconduct was shown to employee; the employee failed to notify the employer of the intent to cease working due to the shift change and the employer was not given the appropriate amount of time (15 days) to respond to see if an alternative could be reached such as allowing the employee to move to a different department that was not affected by the shift change; to prove a Constructive Discharge claim the plaintiff would need to prove that it violated his/her religious beliefs and that the employer made the working conditions intolerable. The employee in the referenced scenario felt that the employer was purposefully changing the work week to make conditions intolerable but in fact the employer made these changes to accommodate for the increase in growth and to avoid undue hardship on the company made the decision to change regardless of working on holy days. Because the employer made the change to the entire production facility there was no discriminatory practices regarding the former employee. The employee did fail to give proper notice before quitting which caused undue hardship on the employer to
meet the growing demands of production. It is my belief that the company should stand firm with its decision because the employee will be unable to prove that Constructive Discharge is related to the reason for the employee to quit. B. Title VII of the Civil Rights Act of 1964 is an act to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity and for other purposes as stated by the Equal Employment Opportunity Commission (EEOC). The main elements of this law are: Applicability to Foreign and Religious Employment; Unlawful Employment Practices, Other Unlawful. Employment Practices, Equal Employment Opportunity Commission, Enforcement Provisions, Civil Actions by the Attorney General, Effect on Law, Investigations, Conduct of Hearings and Investigations pursuant to Section 161 of Title 29, Posting of Notices/Penalties, Veterans’ Special Rights or Preference, Conformity of Regulations with Administrative Procedure Provisions, Reliance on interpretations and instructions of Commission, Application to Personnel of Commission of Sections 111 and 1114 of Title 18, punishment for violation of section 1114 of Title 18, Transfer of Authority, Equal Employment Opportunity Coordinating Council, Establishment; Composition; Duties; Report to President and Congress, Presidential conferences, Acquaintance of leadership with...