Jdt2 Task 1

1049 Words5 Pages
RE: Mr. John Doe’s Willful Termination on December 12, 2011 Executive Summary Based on the facts of the case, I believe we are not liable in the discrimination suit brought by Mr. Doe. Constructive Discharge Constructive discharge is defined as “if an employer's discriminatory acts result in working conditions so intolerable that a reasonable person in the employee's position would feel compelled to resign.” (Finnegan, 1986) Courts generally follow one of two “litmus” tests to determine if a person who willfully terminated their employment was constructively discharged and should receive compensation as a result of the termination. In the majority view, “an employee who resigns after being subjected to unlawful discrimination is said to have been constructively discharged if a reasonable person would have found the discriminatory conditions to be intolerable.” (Finnegan, 1986) The minority view is that the complainant “must show not only that conditions were intolerable, but also that the employer created those conditions with the specific intent of forcing them to resign.” (Finnegan, 1986) Mr. Doe is a member if the production staff. The company changed the production staff’s working hours to a rolling 12 hour shift four days a week that could occur on any day of the week. If the company’s intent was to get Mr. Doe or anyone on production staff to resign by changing the production staff’s hours, it is possible that the actions of the company could be considered a constructive discharge. In the case of Mr. Doe, if the court determines that the company discriminated against him using either of the “litmus” tests, there is a possibility the company will be required to pay additional compensation due to his termination being a constructive discharge. However, if the court decides that the suit does not meet the “litmus” test that it uses, then the
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