Toy Company | To: | CEO | From: | Stacy Kuhn | CC: | | Date: | 9/12/2011 | Re: | RJDT Task 1 | Task A:Task B:Task C 1:Task C 2:Task C 3: | Employee A is filing a claim against our company under constructive discharge as related to Title VII of the Civil Rights Act of 1964. The instigating factor of the case is the new work schedule policy that is mandated for all production staff. The associate believes their claim fits constructive discharge guidelines because the new policy requires him/her to work on a particular religious holiday, thus feeling that he/she is being discriminated against and that it was necessary for him/her to quit his/her position.Title VII deems it unlawful employment practice “to limit, segregate, or classify
Any student who failed to follow the policy would be sent home immediately and suspended until they decided to follow the schools policy. The families of those fellow students didn’t decide to file a lawsuit until after the Iowa Civil Liberties Union approached their family, and ACLU agreed to help the family with their case. The parents in turn, filed the lawsuit in the U.S. District Court, which upheld the decision of the Des Moines school board. The courts seven to two decision held that the first amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. The court observed, " it can hardly be argued that either students or
513, 519 (1995) and Young v. Southwestern Sav. & Loan Assn., 509 F.2d 140, 143—144 (CA5 1975). In all cases the employee was required to demonstrate that the working conditions were intolerable. These cases support our decision because the burden of proof lies on the employee. Prior to the resignation the employee never alleged intolerable working conditions due to the new production work schedule.
Internal Memorandum TO: Dane Johnson, CEO Toy Company We”R” FROM: Jane Doe, Division Manager DATE: November 11, 2010 RE: Analysis of discriminatory claim against the company under Title VII of Civil Rights Act 1964, constructive discharge. Recently it was brought to my attention that a former employee has filed a claim against the company under Title VII of Civil Rights Act 1964 stating constructive discharge and religious discrimination due to the recent shift schedule changes. Constructive discharge occurs when an employee feels he or she is forced to quit their position because the employer has made working conditions intolerable. Definition of intolerable workplace practice is when the employee feels discriminated against, harassed, has negative pay or benefits and/or a work overload. Under most circumstances, when an employee voluntarily quits their position they forfeit their right to sue the company for wrongful termination and in addition, they cannot receive any unemployment benefits.
Any information or actions we apply need to comply with in the law and logically with our society we are doing business with. (Sullivan) Conflict of interest We must not work with or provide information to any parties that are in the same type of businesses now of in future of those clients with whom we are under contract. Quality We must maintain the quality of what we do through constant ongoing review with our clients, outcomes, activities and the cost-effectiveness of all activities. We must have regular review meetings and progress reports to ensure assurance of quality when dealing with clients business. (Sullivan) Conduct We must be clear and open and non judge-mental when giving information to clients in a professional business like manner to ensure information provided is biases’ based for the client at hand.
|Company Name Here| Memo To: CEO, Toy’s Delight From: Nadya Dhanani, Division Manager Date: 9/13/2012 Re: Constructive Discharge Claim, by Former Employee, under Title V11 of the Civil Rights Act of 1964 As the Companies Division Manager, I have been notified by the company’s attorney that a Former employee has filed a claim against us under Title VII of the Civil Rights Act of 1964, for constructive discharge. Under Title VII, a constructive discharge occurs if an employee resigns because the employer implemented a change that made working conditions intolerable. The resignation may be found to be a “constructive discharge” if it compels a reasonable employee to resign, is similar to the employer illegally firing the employee. In some instances the employee must not only prove that working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. Legally to consider constructive discharge in this scenario and to establish a case, it has to be shown as follows.
TO: JOHN SMITH, A&A TOY CO. PRESIDENT FROM: DIVISION MANAGER Date: OCTOBER 1, 2002 SUBJECT: FORMER A&A EMPLOYEE CLAIMS RELIGIOUS DISCRIMINATION AND CONSTRUCTIVE DISCHARGE UNDER TITLE VII THE CIVIL RIGHTS ACT OF 1964 AGAINST A&A TOY CO. It has come to the attention from our legal team that a former employee has filed claims against A&A Toy Co. under the Title VII of the Civil Rights Act of 1964. Former employee reports religious discrimination and constructive discharge after new scheduling policy was implemented. Former employee claims accommodations were not completely fulfilled on their behalf, in turn being discriminated against ultimately causing constructive discharge from A&A Toy Co. The following memorandum includes a detailed report on constructive discharge as a legal concept, areas covered under Title VII of the Civil Rights Act of 1964, A&A Toy Co.’s response to these claims, and resolutions to these claims for A&A Toy Co.’s future.
We must monitor the clients behaviour and ensure we check their mobility hasnt deteriorated . If this happens they may need futher assessments so that equipment becomes available. If the manager does not feel we are meeting the clients needs he/she will arrange for the client to be moved to a more suitable home. The manager has to ensure all staff are trained to prevent accidents and also ensure their are suffient staffing levels. 2.2 Know how to address conflicts or dilemmas that may arise between an
If we feel we may not make an appointed meeting, we will message the other members of the group with our materials for that meeting no later than 1 hour prior to the start of the meeting. We will give each other time to express their thoughts and feelings and offer encouragement, support, and constructive criticism when necessary. We will make every effort to keep our meetings under 60 minutes. If we go over the 60 minutes we will try to wrap things up as fast and effectively has possible, not hold it against anyone that leaves and if necessary try to schedule an additional meeting or coordinate on-line to wrap up any unfinished business. We will strive to keep our meetings on the conversation topic and make sure we do not interrupt each other while speaking with “off subject” topics.
Memorandum To: Mr. Thomas Gordon, CEO From: HR Manager Date: [ 4/4/2013 ] Re: Constructive Discharge Claim Mr. Gordon, I have researched the information regarding the constructive discharge claim by former employee Mr. Jones. Here are my findings. Mr. Jones has filed a lawsuit against our company under Title VII of the Civil Rights Act of 1964, constructive discharge. The lawsuit was filed after the plant employees schedule was changed to accommodate our company growth. According to http://en.wikipedia.org/wiki/Constructive_discharge, In employment law, constructive dismissal, also called constructive discharge, occurs when employees resign because their employer's behavior has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign.