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Constructive Discharge Research Paper

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Constructive Discharge Research Paper
To: John Smith CEO
From: Stephen Horn Elementary Division Manager
SUBJECT: WORK SCHEDULE POLICY_CONSTRUCTIVE DISCHARGE
DATE: 10/06/2012
CC: LEGAL DEPARTMENT

A. In reference to the pending lawsuit against our company, I have done some research and compiled some information that may help us in evaluating the best course of action in dealing with this problem. “Constructive discharge is generally when working conditions are so intolerable as to amount to a firing, despite a lack of a formal termination notice.” ("Constructive discharge law," 2012). the former employee is using this idea for her decision to leave our company as equivalent to being unfairly fired. She alleges the requirement to work on the “Holy Day” put her in positions that left her choice to quit. For her to access constructive discharge a number of different items must hold true. According to USlegal.com the constructive discharge maybe established if 1. “Evidence of objectively difficult or unpleasant working conditions to the extent that a reasonable employee …show more content…
I feel this may be the key argument in dealing with this issue since there is no record of her complaint and time to adjust adequately to her complaint before she resigned. Her complaint is that the policy requires workers to work 4 days on then off did not allow her to have off the holy day. While the policy on the face does not allow that the employee is off every “holy day” the company has defense in that the work day may not entirely interfere. Additionally, the company does have the defense of company necessity as a strong justification to the policy. Finally, her lack of contacting the supervisor to see if a resolution could be reached undermines her argument of Constructive
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