Case Memo: Constructive Discharge

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Memorandum To: John Doe, Toy Company CEO From: Date: Re: Constructive Discharge Claim Confidential Constructive Discharge Claim A former employee of Toy Company has filed a lawsuit claiming constructive discharge after a work schedule policy change. The employee claims that the new work schedule requires employees to work on a religious holy day. The Equal Employment Opportunity Commission (EEOC) defines constructive discharge as forcing an employee to resign by making the working environment so intolerable a reasonable person would not be able to stay ( Based solely on the information I have been provided, this employee does not have a valid claim. The first reason being, the employee must inform the appropriate…show more content…
I do not feel the Toy Company has violated any employee rights because of the four days on four days off schedule that has been implemented. The employee cannot prove we made the work environment so intolerable to his or her religious beliefs. In the case of Duffy v. Paper Magic Group, the plaintiff states she was constructively discharged based on a pattern of discrimination (Duffy, 2008). She claims she was passed over for promotion for a younger employee and that superiors made comments regarding her age. Evidence showed that she had several promotions while being employed and that her job performance were averages. The court did not hold the Paper Magic Group liable because the plaintiff could not provide adequate evidence of age discrimination. A case similar to ours, Goldmeier v. Allstate refers to constructive discharge regarding religious beliefs. The plaintiffs claim that Allstate violated their religious beliefs after the company announced that offices would remain open Friday evening and Saturday mornings (Goldmeier, 2003). Evidence showed that Allstate offered the plaintiff’s time to observe their holy day but they would have to work another day. The case was dismissed for lack of supportive…show more content…
Enterprise Rent-A-Car is a case based on race and religious beliefs. The plaintiff claimed the employer failed to train and promote based on race and religious beliefs, accommodate religious beliefs (Martin, 2003). The plaintiff in this case was unable to provide substantial evidence to claim constructive discharge for his religious belief and judgment was in favor of the

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