Human Resources Task 1 Essay

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| [Company Name] | Memo To: | CEO | From: | Maudrey Bray | cc: | | Date: | October 17, 2013 | Re: | Employment & Legal Issues | | | A. Regarding Constructive Discharge as a legal concept. Constructive discharge is considered the same as wrongful termination. Constructive discharge usually occurs when an employee makes changes that coerce an employee to resign. Constructive discharge would apply if the company implemented a change that is so intolerable a reasonable employee is forced to quit or resign, that company would be guilty of illegally firing the employee. Constructive discharge is not relative in this case for these reasons: * Although the change was recent it was not so intolerable that the employee had to resign. The schedule was set to rotate so that employees would not be required to work every weekend, or religious holy day. * The change in the work schedule policy for production employees was necessary due to company growth. The decision to change the schedule was justified by business reasons and there was no deliberate intent to implement intolerable work conditions for employees. * Although the employee resigned shortly after the policy change, there was no indication at the time that the change would create an intolerable work condition and cause the employee to resign. There was no harassment, the employee was not demoted, nor was the new work schedule based on retaliation or a punitive transfer. B. My recommendation is to mediate the charge, to talk the charge out with the EEOC representative. According to Section 703 of Title VII of the Civil Rights Act of 1964, there are certain elements for employment practices to be considered unlawful. Section 2000e-2 states for an employer to limit, segregate, or classify his employees in any way that would deprive or tend to deprive an individual of

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