Constructive Discharge Essay

2074 Words Jun 19th, 2013 9 Pages
To: | CEO | From: | MICHELLE FOX, JR. SUPERVISOR | CC: | COO | Date: | JUNE 1, 2013 | Re: | CONSTRUCTIVE DISCHARGE CLAIM | | |
Background: Our company attorney notified me about a former employee who filed a claim against the company citing Title VII of the Civil Rights Act of 1964 for constructive discharge.

Findings:

A. How is constructive discharge as a legal concept relevant to the scenario?
Due to continued growth within the company, a new production schedule was implemented after the New Year, requiring employees to work 12-hour shifts with four days at work and then four days off. The shift change caused some work schedules to coincide with the employee’s religious or holy days. The employee quit after the
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Recommendation:
Maintain that there was neither a constructive discharge that occurred nor violation of the Title VII of the Civil Rights Act of 1964 and litigate. The employee will be unable prove a prima facie case, and also be unable to provide any evidence of providing XYZ Toys notice and/or sufficient time to remedy the situation. Further, the former employee’s claim inhibits XYZ Company’s growth and also presents a major financial loss to the company. Given the extreme importance in that this case sets in employment law, XYZ must litigate the case in order to set precedent and add continued evolution and clarity to the already convoluted “constructive discharge” opinion.

An employee who quits impulsively may be excluded from filing a constructive discharge. When discrimination is alleged, the employer must notified of the discrimination claim and be given the opportunity to take corrective action.” (Civil Rights Act of 1964, Pub.L. 88-352, 78 Stat. 241 (1964). XYZ Toys is an at-will employer, as defined in the XYZ handbook an employee can be terminated at any time, with or without cause. Montana state law does not require XYZ Toys to be nice or be fair to employees, as long as it is not acting in a manner met to be discriminatory. XYZ Toys is also not required by law to maintain a stress-free environment. A constructive termination claim cannot be made against XYZ toys based on intolerable conditions,. The basis of a

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