TO: William Alexander, CEO FROM: , Elementary Division Manager DATE: July 22, 2014 SUBJECT: Constructive Discharge Claim of Mr. Paul Scott As per your recommendation, I have conducted the initial research regarding the alleged Title VII claim for constructive discharge, initiated by Mr. Paul Scott. A former production employee, Mr. Scott is alleging that during the recent changes in the company’s work schedule policy, he is being discriminated due to being required to work during religious holy days. Historically the production team has worked a traditional work week, but with the new policy change the work week is 12 hour shifts on a 4 day rotation. This change only affects the production staff, office staff remains on a traditional schedule. A.
Due to her religious beliefs, the employee felt she was discriminated against and, therefore, was forced to resign. The employee feels that she should receive unemployment claiming constructive discharge. According to Wikipedia.com (2014), “Constructive discharge occurs when an employee resigns 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.” The question at hand is whether or not the employee can support that she was forced to work under “intolerable conditions”. If the employee made XYZ Toys aware of her religious beliefs and XYZ was not able to accommodate, this may be grounds for constructive discharge. B.
Finally I will make note of any changes to our processes that may need to be changed from our findings in this case. A. How is constructive discharge relevant in this case: At the beginning of the year the company implemented a new policy that requires all production employees to work a new rotating schedule The new policy states that the production employees will work a four day on and four day off rotation and each shift will be a twelve hour shift. The rotating days will now include Saturday and Sunday. In years past, the production team has only worked Monday through Friday and were not required to work weekends.
The former employee believes that the change in policy has forced him to quit because he has to work on a religious holy day. Constructive discharge as legal concept Nolo’s Plain-English law dictionary describes constructive discharge as an employee quits because the working conditions are so intolerable that any reasonable
INTEROFFICE MEMORAND UM TO: C. Jay., CEO FROM: S.B. SUBJECT: CONSTRUCTIVE DISCHARGE CLAIM DATE: JANUARY 12, 2014 Mr. Jay, Per your request, I have completed my research in regards to how the company should respond to the constructive discharge claim that has been filed against the company by a former employee. To recap the claim: the former employee alleges that the company’s new shift work policy is discriminatory because the policy requires employees to work on religious holy days. The following sections discuss three areas of interest that will allow the company to formulate a proper response: A) explanation of constructive discharge and how it is relevant to this case, B) summary of how religion is protected under Title VII of the Civil Rights Act of 1964, and C) my recommendation for the company’s response to the claim.
Running Head: JDT2 Task 2 Whistle Memo/Code of Ethics Report Whistle Problem/Code of Ethics Report Human Resources- Task 2 Western Governor’s University To: CEO at Toy Company JDT2 Task 2 Whistle Problem/Code of Ethics Report 2 From: Elementary Division Manager Date: January 17, 2014 RE: Metal Whistle Quality Issue It has been brought to our attention that the metal whistle we have been producing did not pass testing due to small traces of led. The quality assurance department tells us that the amount of lead is slightly above the U.S. legally acceptable limit for children ages 7 years and younger. The main issue we need to address is we have a shipment of the toy collection that are scheduled to be shipped to several schools in South America at the end of the week. The information given is the approximate cost to reproduce the product and repackage the toy collection is $100,000. Obviously this is an issue we need to address immediately.
Sample Legal Brief Citation: Goss v. Lopez, No. 73-898, SUPREME COURT OF THE UNITED STATES, 419 U.S. 565; 95 S. Ct. 729; 42 L. Ed. 2d 725; 1975 U.S. LEXIS 23, October 16, 1974, Argued, January 22, 1975, Decided Facts: Students in the Columbus, Ohio, public schools brought this suit. The students claimed that their constitutional right to due process had been violated when they were suspended temporarily without a hearing prior to their suspensions. The Ohio Code provides for free education for all students between the ages of six and twenty-one.
The article author Alex Kotlowitz say that union president Karen Lewis complain about the lack of air conditioning in schools and the new teacher evaluation system with the new teacher evaluation some teacher s would be laid off; many thought that this was unfair . Many people were confused at what was really the big issue. Even I was confused on why the teacher were striking, I mean sure summer
(USA Today, 2003) Santorum went on to say "The ultimate objective here is to drive faith out of the public square, to drive morality out of the laws of this country, to secularize our society with a different set of values. "(USA Today, 2003) found in the (Huffington Post, 2011) Here are some things that people feel are reasons for not legalizing gay marriages also, found in an essay by: Scott Bidstrup, 2009. 1. Marriage is for procreation, 2. Same-sex couples aren't the optimum environment in which to raise children, 3.
If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow. (Schumacher, 2008 p.13) Pat contends, in the scenario, that he did sign a statement of understanding regarding NewCorp’s at will employment policy. However, Pat believes that the aforementioned clause in the personnel manual should render his termination invalid. As well, Pat recently became vocal at a school board meeting on a very unpopular issue. He contends that, as a result, senior management at NewCorp became noticeably unfriendly and that this played an integral part in the decision to terminate his