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Hr Memo

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Submitted By ericalj4
Words 994
Pages 4
| Toy Company |
Memo
To: CEO
From: , Elementary Division Manager
Date: [ 11/19/2012 ]
Re: Employee Constructive Discharge

A. As I am sure you are aware, production staff is now required to work four consecutive twelve hour days. Then they have four days off. These days can be any day Monday through Sunday. A former employee has quit due to these circumstances and is claiming constructive discharge. Constructive discharge is when an employer creates an environment so uncomfortable for the employee that he or she is compelled to resign (Underwood, 1998, p.343). Underwood states that an employee forced to resign under these conditions is said to have been constructively discharged (1998, p.343). Constructive discharge would apply here. The environment is not uncomfortable or unbearable every day. However, the way an employee of certain religious background would feel working on a Holy day would be of great discomfort. There is also a process that needs to be followed for constructive discharge to be considered. The employee needs to inform the employer about the working conditions that are making it uncomfortable or unbearable. The employee needs to give the employer fifteen days to respond about the conditions. B. According to the Society for Human Resource Management, Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Title VII of the Civil Rights Act of 1964 is related to this situation because it protects people and their religion. Employers cannot discriminate against employees of different religious backgrounds. C. There

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