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Submitted By preppape
Words 531
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To: CEO

From: Elementary Division Manager

Date: November 11 ,2011

Re: Constructive Discharge Claim

It was brought to my attention by the company attorney that a former employee has filed a claim against the company under the Title VII of the Civil Rights Act of 1964, constructive discharge, after a work policy change. The reason for this charge is the introduction of new 12-hour production employee shifts with four days at work which we had to change due to the company growth. The four work days can begin on any day of the week, Monday through Sunday. The requirement to work this rotating shift is the reason for the case against the company.
Constructive discharge is a legal term which means that the employee is forced to quit a job because the employer has made the working conditions intolerable. However, in order to sue successfully on the basis of conductive discharge, an employee must prove in court that the working conditions that he or she experienced were intolerable. In addition, the employee must prove that the intolerable conditions were directly attributable to the employer. 1) The employer's conduct effectively forced the employee to resign; 2) A continuous patern of employer misconduct existed; 3) Conditions were so egregious and intolerable that any reasonable person would have quit. " Unless an employee can prove that you deliberately made working conditions so intolerable that the worker was forced to quit, then a court probably won't find company guilty of constructive discharge." ( JD Thorne, Small Business Reports)

Title VII of the Civil Rights of 1964 is the federal statute most often applied to religious issues in the workplace and is used as the basis for litigation and...

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The Constructive discharge concept allows a former employee who quit his

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