Memo for Task 1
memo
Microsoft To: From: CC: Date: Re: CEO Sheryl Ellis HR 4/30/2013 Constructive Discharge
Comments:
Per your request regarding former employee
A. According to US Legal Constructive Discharge is generally when working conditions are so intolerable to amount to a firing, despite a lack of a formal termination notice. Most of the time unemployment benefits are not payable unless a Constructive Discharge can be proven. However, it can be established by one of the following: evidence of difficult/unpleasant working conditions so bad that a reasonable person would not remain or evidence of poor conduct by the employer or its agent such as sexual harassment, assault or harassment. Before this can be proven the employee should have notified the employer in writing about the condition and allowed the employer 15 days to respond to see if a reasonable agreement can be made. In the referenced scenario Constructive Discharge does not apply because of these factors: the shift change was due to company growth and the entire production department was affected not one single person therefore no misconduct was shown to employee; the employee failed to notify the employer of the intent to cease working due to the shift change and the employer was not given the appropriate amount of time (15 days) to respond to see if an alternative could be reached such as allowing the employee to move to a different department that was not affected by the shift change; to prove a Constructive Discharge claim the plaintiff would need to prove that it violated his/her religious beliefs and that the employer made the working conditions intolerable. The employee in the referenced scenario felt that the employer was purposefully changing the work week to make conditions intolerable but in fact the employer made these changes to accommodate for the increase in growth and to avoid undue hardship on the company made the decision to change regardless of working on holy days. Because the employer
Microsoft To: From: CC: Date: Re: CEO Sheryl Ellis HR 4/30/2013 Constructive Discharge
Comments:
Per your request regarding former employee
A. According to US Legal Constructive Discharge is generally when working conditions are so intolerable to amount to a firing, despite a lack of a formal termination notice. Most of the time unemployment benefits are not payable unless a Constructive Discharge can be proven. However, it can be established by one of the following: evidence of difficult/unpleasant working conditions so bad that a reasonable person would not remain or evidence of poor conduct by the employer or its agent such as sexual harassment, assault or harassment. Before this can be proven the employee should have notified the employer in writing about the condition and allowed the employer 15 days to respond to see if a reasonable agreement can be made. In the referenced scenario Constructive Discharge does not apply because of these factors: the shift change was due to company growth and the entire production department was affected not one single person therefore no misconduct was shown to employee; the employee failed to notify the employer of the intent to cease working due to the shift change and the employer was not given the appropriate amount of time (15 days) to respond to see if an alternative could be reached such as allowing the employee to move to a different department that was not affected by the shift change; to prove a Constructive Discharge claim the plaintiff would need to prove that it violated his/her religious beliefs and that the employer made the working conditions intolerable. The employee in the referenced scenario felt that the employer was purposefully changing the work week to make conditions intolerable but in fact the employer made these changes to accommodate for the increase in growth and to avoid undue hardship on the company made the decision to change regardless of working on holy days. Because the employer
References: Barrett, D. (2012, December 29). Christians have no rights to refuse to work on Sundays, says Judge. The Telegraph. [Co.]. p.1 Civil Rights Act (1964). Retrieved from www.ourdocuments.gov on April 23, 2013. Constructive Discharge. Retrieved from www.tislaw.com on April 20, 2013. Digest of EEO Law. Retrieved from www.eeoc.gov on April 20, 2013. Employment Law. Retrieved from www.about.com on April 20, 2013. Mesritz, George D. (Spring 1996; 21,4; ABI/INFORM). Employee Relations Law Journal p.9 Martin Tepper v. John E. Potter, Postmaster General. (6th Circuit Court, 2007). David A. Goldmeier and Terry C. Goldmeier v. Allstate Insurance Company. (6th Circuit Court, 2003). Constructive Discharge. Retrieved from US Legal at www.uslegal.com on April 19, 2013.