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To prove constructive discharge the following must be proved:
An act willingly taken by the employee was a derivative of misleading information or deceit on the part of the Company; …show more content…
(Civil Rights Act, 1964) In this scenario it could be construed that by changing the schedule it forced this particular employee to “quit” by creating a working environment the employee thought was arduous enough it “forced” them to quit. The employee is saying that by not allowing Sundays off the environment became intolerable, therefore, providing the only avenue available, which was to quit.
In the complaint against us, the claimant is stating that the ability to practice their religious beliefs is directly impacted by the schedule change. This being said, the following additional information must be collected to determine if constructive discharge is truly applicable in this case.
First, does the change in work schedule truly prohibit this individual from practicing their religious …show more content…
The Court determined that an employee understands whether the practice observed by the employer is predicated in an inflexible religious practice. (10th Circuit Court, 2013) The relevance of this ruling is that only the employee can determine whether or not the employer is being inflexible in relation to providing accommodation for the practice of the religion. Again, in the scenario provided, the individual did not inform the company of an accommodation need, therefore, never defined for the company as to whether or not the individual considered the schedule as inflexible in relation to the practice of their religion. According to the ruling this is a requirement of the
An act willingly taken by the employee was a derivative of misleading information or deceit on the part of the Company; …show more content…
(Civil Rights Act, 1964) In this scenario it could be construed that by changing the schedule it forced this particular employee to “quit” by creating a working environment the employee thought was arduous enough it “forced” them to quit. The employee is saying that by not allowing Sundays off the environment became intolerable, therefore, providing the only avenue available, which was to quit.
In the complaint against us, the claimant is stating that the ability to practice their religious beliefs is directly impacted by the schedule change. This being said, the following additional information must be collected to determine if constructive discharge is truly applicable in this case.
First, does the change in work schedule truly prohibit this individual from practicing their religious …show more content…
The Court determined that an employee understands whether the practice observed by the employer is predicated in an inflexible religious practice. (10th Circuit Court, 2013) The relevance of this ruling is that only the employee can determine whether or not the employer is being inflexible in relation to providing accommodation for the practice of the religion. Again, in the scenario provided, the individual did not inform the company of an accommodation need, therefore, never defined for the company as to whether or not the individual considered the schedule as inflexible in relation to the practice of their religion. According to the ruling this is a requirement of the