Bourque V. Powell Electrical Manufacturing, Inc.

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MEMORANDUM Date: 11/20/2013 Subject: Claim against company under Title VII To: CEO From: At the beginning of the year our company changed its policy for production staff. They are required to work four days on and four days off. This is a required rotating shift. Due to recent policy changes in staffing a claim of constructive discharge has been filed against the company under Title VII of the Civil Rights Act of 1964. 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…show more content…
Powell Electrical Manufacturing Co., 617 F.2d 61, 65, 23 (5th cir. 1980). This ruling states that proof must be shown that the employer imposed intolerable conditions on the employee forcing them to leave. With this ruling it is the burden of the employee to prove to the court that he was forced out. He must show that the work conditions were so bad that he had no other choice but to quit his job. This will be hard to prove because the only real change to the job was the days that the factory will be open. Killgore v. Thompson and Brock Management, Inc., 93 F.3d 752, 754 (11th Cir. 1996) stated that you must give the employer sufficient time to help resolve the situation. The employee must show that he informed management about his issue and given then time to try to resolve it. It is important to let the company try to resolve the problem by showing good faith. This will show that if he qualified for an office position we could have placed him there but he did not let us know of his issue until after he quit. Steele v. Offshore Ship Building, Inc., 867 F.2d 1311, 1307 (11th Cir. 1989) the court ruling stated, "To prove constructive discharge, the employees must demonstrate that their working conditions were so intolerable that a reasonable person in their position would be compelled to resign." With this ruling, we will have a picture of the reasonable person in our minds. This reasonable person will be compared to the employee’s actions and be judged accordingly. This will show that the employee did not have intolerable work

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