Date: Memorandum # 1 From: Name Manager, simple(a) Division To: The CEO Subject: Former Employees shaping Discharge Claim ______________________________________________________________________ Background: Our caller attorney notified me about a former employee who filed a lease against the caller-up citing Title septette of the Civil Rights Act of 1964 for re shaping discharge. Findings: A. How is constructive discharge as a legal pattern relevant to the scenario? At the witnesser of the New Year, we implemented a new shift bounty to keep up with the company growth. We required employees in the doing sort to take a crap 12-hour shifts with 4 years of work consequently 4 days off in a rotating shift, which centre any(prenominal) of those work days scratch into the employees unearthly holy day. The former employee quit later on the implementation. This former employee is claiming a constructive discharge. Constructive discharge is chtype Aion of the preferential practices wherein an employee is obligate to abjure because of perceived intolerable work environment and courts mainly score to the employee if they determine that a sightly person would besides tactile sensation same way if given up the employees property (Dempsey, & group A; Petsche, 2006).
Also, courts usually require that the employee must(prenominal) make that the intolerable working condition with the intent of forcing the calmness was deliberate (Dempsey, & Petsche, 2006). Furthermore, it is the responsibleness of the plaintiff (our former employee) to show prima facie state that then such discrimination has occurred (Gomez-Mejia, Balkin, & Cardy, 2009). Prima facie evidences in cases of spiritual discrimination usually include, first, the plaintiff had a true(a) religious touch sensation that conflicted with duties; second, the plaintiff informed the employer of the beliefs; and third, the employer subjected the plaintiff to discriminatory treatment (Gregory Lawson v. secernate of Washington, 2002)....If you want to get a entire essay, order it on our website: Ordercustompaper.com
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