Interoffice Memorandum: Constructive Discharge: Case Term

interoffice memorandum to: CEO from: Human Resources subject: Constructive Discharge Claim date: 7/15/2011

A. In this case constructive discharge as a legal concept is relevant to the former employee’s claim because the work conditions were intolerable. Constructive discharge is generally when working conditions are so intolerable as to amount to a firing, despite a lack of a formal termination notice (Contructive Discharge Law & Legal Defintion, 2011). The allegations from the former employee that this company’s work conditions are unpleasant, the management’s demands are outrageous, and there are signs of favoritism and discrimination are all substantial.
B. One might argue there are areas covered under Title VII of the Civil…show more content…
I recommend the company should respond to the former employee’s charge of constructive discharge by first apologizing. This former employee has had a negative impact on their life do to our company, and an apology would not hurt the situation. The government has various laws and statues pertaining to constructive discharge, management needs to avoid anything that could be misconstrued as discrimination in the work place. Alternative Dispute Resolution (ADR) refers to processes and techniques of resolving disputes that fall outside of the judicial process (Alernative Dispute Resolution Law & Legal Definintion, 2011). Legally, this could save the company bad publicity, a great amount of stress, and money that isn’t necessary to spend. Setting up mediation to come to an agreement outside of court is best for the company. If that means paying unemployment benefits to someone who has left the company at their own will, then so be it, going to court is risky, time consuming, and can become…show more content…
Alernative Dispute Resolution Law & Legal Definintion. (2011). Retrieved July 9, 2011, from US Legal, Inc: http://definitions.uslegal.com/a/alternative-dispute-resolution/

Civil Rights Act of 1991 Law & Legal Defintion. (2011). Retrieved July 9, 2011, from US Legal, Inc: http://definitions.uslegal.com/c/civil-rights-act-of-1991/

Contructive Discharge Law & Legal Defintion. (2011). Retrieved July 9, 2011, from http://definitions.uslegal.com/c/constructive-discharge/ Gomez-Mejia, L R., Balkin, D B., & Cardy, R L. (2010). Managing human resources 6th edition. Prentice Hall.
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