As you are aware‚ a lawsuit was recently filed by a former employee. The suit against us is being filed under the constructive discharge section of Title VII of the Civil Rights Act of 1964. In essence‚ the section states that we made working conditions completely intolerable for the employee‚ through some form of hostility‚ discrimination‚ harassment‚ retaliation‚ or humiliation (Sommerville‚ 2007). Said employee quit after our policy change on expanded production floor operation hours. The former
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. Human Resources Task 1 MBA Business Mr./Mrs. CEO In the presented case‚ it is evident that the case of constructive discharge is a viable possibility as an infringement of employee rights as it pertains to Section VII of the Civil Rights Act of 1964. Constructive discharge as described by the Equal Employment Opportunity Commission (EEOC) is any discriminatory practice that affects a person’s individual rights and forces him to resign or terminate based of race‚ religion or other forms
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Constructive Discharge The term constructive discharge is by definition when an employee feels they are forced to resign their job because the employer has made working conditions unbearable (Doyle‚2013). In the circumstance presented‚ the employee felt compelled to resign because the work schedule was changed and would require him to work on his religious holy day. The business changed the production team schedule to accommodate growth and expansion‚ changing the schedule from 8:00am-5:00pm
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Employee Claim: Constructive Discharge Kelly Haydu December 11‚ 2014 Human Resources – Task 1 Constructive Discharge In the legal arena there are many issues of wrongful employee termination and employees suing employers for all sorts of actual and perceived wrongs. Constructive discharge occurs when working conditions are so unbearable the employee see no other option but to quit. Due to the conditions it can be seen as tantamount to a firing despite the lack of formal termination notice
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Constructive Discharge Constructive discharge as a legal concept is relevant to the given scenario in that an employee has quit‚ alleging that he/she has been discriminated against due to a work schedule policy change. This work schedule policy change requires that employees work on a religious holy day. The employee is claiming to have been religiously discriminated against. Constructive discharge is upheld in court if the work conditions were made to be so intolerable that a reasonable person
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Manager SUBJECT: WORK SCHEDULE POLICY_CONSTRUCTIVE DISCHARGE DATE: 10/06/2012 CC: LEGAL DEPARTMENT A. In reference to the pending lawsuit against our company‚ I have done some research and compiled some information that may help us in evaluating the best course of action in dealing with this problem. “Constructive discharge is generally when working conditions are so intolerable as to amount to a firing‚ despite a lack of a formal termination notice.” ("Constructive discharge law‚" 2012). the
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Elementary Division Manager DATE: October 13‚ 2014 SUBJECT: Claims of constructive discharge As you have requested this investigation to be conducted regarding an ex-employee that has filed a case against the company in regards to a claim of constructive discharge under Title VII of the Civil Rights Act of 1964. After much investigation and review‚ following is the recommendation and summation generated from the case law. Constructive discharge by definition is when an organization employee resigns because
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October 13‚ 2013 TO: Bob Smith‚ Chief Executive Officer FROM: Division Manager DATE: October 13‚ 2013 SUBJECT: Claim of Constructive Discharge under the Title VII Civil Rights Act of 1964 A constructive discharge arises when a wage earner maintains the organization forced him/her to step down because working environments were made unbearable. The claim of constructive discharge under the Title VII Civil Rights Act of 1964 by Mr. X‚ is unjustified. The employee notifying the company that he was
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2013 Subject: JDT2 Task 1 Human Resources Former Employee’s Constructive Discharge Claim As requested‚ I have investigated the claim relating to Title VII of the Civil Rights Act of 1964. I researched case law pertinent to this case and prepared the following synopsis and recommendation. Constructive Discharge In the beginning of the year‚ the company implemented a new scheduling policy that would require all employees to work 12 hour shifts‚ 4 days on‚ 4 days off. This policy was enacted
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interoffice memorandum to: | Richey Richman‚ CEO | from: | David‚ 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
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