Case Memorandum: Constructive Discharge

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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. Since the resignation was not truly voluntary, it is in effect a termination. Recently we made a change to the schedule the employees were working because of the growth of the company. Our plant workers are now required to work four days and have 4 days off, these will be 12 hours and can fall on any day of the week. This is a requirement for every employee working in the plant. Mr. Jones lawsuit is based on the premise that because of the change he may have to work on a Sunday which will interfere with his religious activities. The burden of proof is on the former employee, according to http://jobsearchtech.about.com/od/federal_labor_law/a/constructive_2.htm a claimant must prove all of the following to have a case:…show more content…
For instance you would have to prove that the workplace became so intolerable that you could not work effectively any changes had to be close to the time that you resigned the changed that was made actually caused you to resign

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