Constructive Discharge Case Paper

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To: CEO From: HR Re: Memorandum Regarding Constructive Discharge Question presented: How the company should respond to claim regarding constructive discharge in new policy. 1. Whether the doctrine of constructive discharge is relevant Constructive discharge is “a termination of employment by making working conditions so intolerable that an employee feels compelled to leave.” Garner, Bryan A. Blacks Law Dictionary (West Group 2009). Although courts may differ throughout the states, there are generally two main elements to any constructive discharge case: 1) an employer makes a change in working conditions and 2) the change is so intolerable that any reasonable employee would leave. See generally Amar v. Cort Furniture Rental…show more content…
He has the burden of proof to demonstrate that there was an intent to discriminate against him on the basis of his religion. Duffy v. Paper Magic Group, Inc. 265 F.3d 163 (3d Cir 2001). If it is found that the employee did, in fact, make a complaint about the scheduling, the company must also determine whether that complaint was based on religious needs or other unrelated matters. Additionally, the company must determine whether the complaint was addressed. Failure to address employee complaints will lend itself to a determination that there was a constructive discharge, as an employer has the burden of demonstrating that they did “could not reasonably accommodate the employee without undue hardship.” Virts v. Consol Freightways Corp., 285 F.3d 508, 516 (6th Cir.…show more content…
Additionally, you could adjust schedules to allow for one weekend day off in alternating schedules, and employees can request the Saturday or Sunday according to their religious needs. If there is not already a grievance system in place, you should ensure that one is created to address these concerns before a law suit is filed. Additionally, if you have a grievance system and the employee fails to use it, it is more likely that a constructive discharge lawsuit will be dismissed. Establish a policy requiring employees to put their resignations in writing, and create a feedback record system to respond to such resignations. When a resignation is received, HR should take reasonable steps to do an outtake interview with the employee to find out why they are leaving and whether the company can take steps to improve the work environment. These outtake interviews should be kept in company records should a complaint arise, so that it can be demonstrated that the company did not have the requisite intent to constructive discharge employees. Finally, the company should make it a policy to address all employee complaints. This will not only foster better communication with employees, but allow the company to demonstrate that it has not constructive discharged an

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