MEMO FOR THE CEO, SUMMMARIZING FINDINGS REGARDING AND EMPLOYEE CONSTRUCTIVE DISCHARGE.
A. EXPLANATION OF HOW CONSTRUCTIVE DISCHARGE IS A LEGAL CONCEPT, RELEVANT TO THE DISCHARGE.
B. AREAS COVERED UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, RELEVANT TO THE CASE.
MEMORANDUM
From:
Carol Maynard.
Elementary Division Manager.
The Toy Company.
To:
Mr. John Smith. CEO.
The Toy Company.
RE: Legal concepts on Mr. Loop constructive discharge.
Definition of constructive discharge:
In employment law, is also called constructive dismissal, this situation occurs when employees resign because their employer's behavior (Working conditions, changes to the terms of employment) has become so problematic or made the employees life so difficult that they may consider themselves to resign. The employee has the right to seek legal compensation, because of being dismissed unfairly.
The main action that under Mr. Loop's opinion, provoked and ended in this constructive discharge or dismissal as is called, was due to the reason of a work schedule change for production workers. The main and legal reason for this change was as a result of our company growth, the increased in production, because of the amount of orders for our products.
Without this changes, our company would suffer a serious financial hardship, imposed by the lack of production staff. Due to the religion beliefs of some of our production workers, this could cause or be consider by some of them as part of preventing them to practice their religion beliefs in the new schedule working days and/or hours. As was explained above and it will be explain below, this was not the case.
We understand that the term “religion” includes all aspects of religious observance and practice, as well as belief, unless us an employer demonstrate that we are unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice....