Constructive Discharge
Memo: Constructive Discharge under Title VII of the Civil ights Act of 1964

Chief Executive Officer

Company Executive and Board of Staff

esponse to the accusation of Constructive discharge filed against this company

I am writing this Memorandum to advise your office on the way forward in relation to the issue of constructive discharge filed against this company. As you know, an employee of this company has claimed that the recent changes in work-shifts schedule have been structured purposely to constrain their religious practices. In fact, the employee has filed legal charges grounding this company in a greater risk of contravening Title VII of the Civil ights Act of 1964. This memo provides a clear and resounding response on what is to be done to contain this situation. The memo will prove how this company could have violated the law by constrain employee religious rights (holy day). Secondly, the memo will recommend on….

Constructive Charge Case
A CASE OF RELIGIOUS DISCRIMINATION?

Constructive Discharge

Mr. Charles Wright, Chief Executive Officer (date)

From: Mr. Terence North, Manager, Elementary Toy Division

Re: Employee Constructive Discharge Claim

Our legal counsel, Atty. Edison Hawks, today informed the undersigned in writing that a former employee, Mr. Alfred Peterson, had filed a claim of constructive discharge against the company. Mr. Peterson resigned last week from his post at our Production Department when our new policy on shift work became effective. He based his complaint on the provisions of Title VII of the Civil Rights Act of 1964, which prohibit workplace discrimination against religion. Mr. Peterson alleges that the enforcement of the new policy on shift work is discriminatory in that it requires employees to work on Sundays, which his religion observes as a holy day. Prior to this new policy, production employees worked from Mondays to Fridays only. Attached is the memorandum sent by Atty. Hawks.

It….

Constructive discharge materializes when an employee's only option is to quit their place of employment due to the employer making working conditions unbearable. In the scenario with the religious employee, the employee made it clear that he/she cannot work on a holy day due to his/her religious principles that are guarded under Title VII of the Civil ights Act of 1964. This mandatory shift forced on the employee created an unbearable condition in his/her workplace. Unbearable conditions may consist of: discrimination, harassment, or getting an undesirable modification in reimbursement or work for aims that are not professional.
Because the work shifts fell on days of religious observance for the employee and the company did not yield in providing an alternative shift, schedule, or option for the employee, he/she was faced with diminished work or to leave the job and quit thus creating an unbearable work condition. While employees who willingly quit….

Hostile ork Environment: According to the 1993 decision of the United States Supreme Court in "Harris v. Forklift Systems Inc.," hostile environment harassment occurs when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" (Cross and LeRoy Miller 497). Facts of the Case: In 1986, Teresa Harris, who was employed as a rental manager with Forklift Systems, Inc., complained about comments and behaviors directed to her by Forklift's president, Charles Hardy. She claimed that Hardy's sexually harassing conduct caused her to suffer PTSD-like symptoms and that she was ready to resign when Hardy apologized and claimed he was only kidding. Later, after concluding that the harassment would not stop, she left Forklift and filed her complaint with the EEOC. The case was eventually heard by a U.S. magistrate judge….

Appellate Brief
Question Presented / Issue Statement

Appellant Mary Smith seeks review of the decision of the United States District Court for the District of Anytown, which granted judgment in favor of appellees, the United States Postal Service (U.S.P.S.) and Jim Bonilla, egional Supervisor of the U.S.P.S., on their motion to dismiss appellant's complaint for failure to exhaust administrative remedies in appellant's lawsuit for gender discrimination, hostile work environment, and constructive discharge in violation of Title VII of the Civil ights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII). The questions presented in that case was whether appellant provided sufficient facts to warrant tolling her claim under a theory of equitable estoppel or whether the Court should refuse to hear her claims because they were filed after the applicable tolling period. Specifically, these questions are:

Does the time limitation outlined in 29 C.F.. § 1614.105(a)(1) prevent Ms. Smith from bringing….

Temperature Debate
It is imperative to appreciate the fact that the Drake and Keeler's employer meets all workplace standards for coverage as stipulated under LMRA. The article states elements of constructive discharge, layoff, discipline, suspension, non-recall from layoff, demote, or adverse actions taken against employees. This is because of the protection awarded to the concerted activities. Damages in a notice lieu include Salary as well as other forms of remuneration that employees receive at reasonable opinions. The elements include commissions, profit shares, bonuses, benefits and loss to employee pension benefits due to loss of contributions to the pension scheme. Constructive dismissal is implemented when changes to the employment relationship between two parties are viable.

Question 2

The coverage of the law includes engagement off in interstate commerce activities coupled with specific employee rights. Requiring reasonable termination notice does not have the unique composure to existing employment contracts. The implication is that there….

Employee Drug Testing
Is it Ethical or an Invasion of Privacy?

Last Christmas, I took a part-time job as a cashier in a retail store. On the same day that I was hired, the manager informed me that I would have to submit to a drug test. Since I'm drug free, I had no problem with this. I asked him where I needed to go to complete the test and he proudly informed me that all of the drug screens were done right there on site. I was a little surprised by this, afterall it was a store -- not a lab -- but I didn't really let it throw me that much. The manager then reached into his desk and handed me a large plastic cup that was sealed in a plastic bag. I was starting to get a little uncomfortable at this point.

Here you go." He said, as he….

Human Resources -- Employee Separation Policies and Procedures
Employee separation is an inevitable aspect of the business world. Careful consideration of the company's core values, stakeholders, legal requirements and financial well-being are all taken into account when preparing a Separation Policy. By establishing and implementing procedures, some of which are followed even before an employee is hired, the company can accomplish employee separation with a minimum of financial, legal and morale risk.

Separation Policy ith Specific Procedures

A Separation Policy must be well-planned and effectively communicated to avoid some common pitfalls of employee separation. Most employees, absent a collective bargaining agreement, are "at will" employees (Zachary, 2008). However, employees still sue under several theories. To avoid successful suits by former employees, the company must take care to treat different categories of employees the same to avoid successful discrimination suits; terminate the employee only for lawful reasons to avoid successful wrongful termination suits and….

Discharged for Facebook Comments
The National Labor elation Board (NLB) has protected the right of free speech of employees posting messages on social media so long as that speech is limited to discussions about "wages and working conditions ... in an effort to improve them" (Kasle). In so far as Nelson's comments on Facebook regarding her supervisor were not constructive in the sense of advocating an improved workplace environment, they are not protected by NLB's law. Thus, Nelson's employer did have the right to terminate her employment.

When does an employer have a legal right to discipline or discharge an employee for comments the employee makes about the company? It is a controversial question. Free speech advocates might suggest that all speech is protected. However, business advocates suggest that corporations and companies have a right to protect themselves. In this context, NLB has stipulated that all criticism of employers must be done….

Title insurance covers both the buyer and the mortgage company from a number of defects in title. The many benefits of title insurance includes better protection than a lawyer's opinion, at a similar price, piece of mind, and protection from unforseen claims on title. However, title insurance can have some disadvantages, including a slightly higher cost than a lawyer's opinion. Title insurance enables constructive notice, and is useful to reduce workload and liability in a legal environment.
Title Insurance is simply an insurance product like many others. In the simplest possible terms, the insured pays money (a premium) to an insurance company in exchange for an insurance policy that quarantines that the insured has a valid, marketable title to the insured property.

Title insurance does not absolve the insured (or at least the insured's layers) from needing to conduct a number of title searches, as specified by the insurer. However, the number….

The victims of crimes are very important in the operation of the criminal justice system; this is because they are the ones who can lead the police to the offender. However, after the victim reports incidents to the police, provide vital information for the investigation and cooperate with the persecution of the offender and appearing in court when required, the criminal serves his time and the victim goes on with his life. Most may question the justice in this. According to the Victims of Crime Act 1994, the victims of crime are given better treatment during proceedings and are more informed and involved. Victims are treated with sympathy in a constructive and reassuring manner, and the victim (if the crime is violent) should be protected at all times. This may seem that the victim is well taken care of, and that the victim is in no way neglected, however it….

A strongly disciplined person is one who demonstrates that he can control himself. Discipline is always goal-oriented, therefore we understand that having the capacity to be extremely disciplined denotes the existence of a strong will oriented towards a specific purpose. The Montessori Method aims to teach the child how to move (dynamism) and the scene for which he is prepared is not school, but life itself. The discipline that he is stimulated to learn is therefore one which applies to the overall social environment.
In order to make sure that the child will grow up disciplined and with respect for the others and the social environment, he must be taught the difference between good and evil. In addition, Montessori stresses that the teacher must make sure "the child does not confound good with immobility and evil with activity, as often happens in the case of the old-time discipline. And all….

HM Challenges in Today's Organizations
All organizations require employees to make them a success and this function is considered as important as finance, machinery and land for running the organization successfully. The important point to note here is that individuals all have different temperaments and working methods, and some people in the organization are responsible for making them all work together. This is the job of the human resources department which is otherwise known as the personnel department. If an organization is not staffed correctly then it ends up loosing the economy of scale that it should have got also the maximum possible customers and profits.

On the other hand, if there are too many people then there is a lot of financial liability if they are retained, and when they are laid off, there are financial implications from redundancy payments. If the organization cannot do manage its own staff then a….

Policies
Human esources Management is basically something that encompasses various activities in an office environment, some of them being: what sort of employees does a company need, what are the best methods to recruit as well as train these personnel, making sure that the performance levels of these people is at its optimum best, and also making sure that the rules regarding management issues are followed to the letter by the employees. Some other issues are those of employee compensation, employee benefits, and so on.

The first step in a human resources management policy is that of 'ecruitment' of the company's employees.

In order to prepare an Advertisement for the purpose of recruitment, certain guidelines must be followed. These are: there must be included, in the advertisement, a complete job description. This must state the 'job title' or 'rank' or 'position'. This means that the person who is interested will know what the….

With the public pressure in the right places, regulations of application and procedures can be developed for precise procedures (Vosse 1996).
roadbent (1996) writes that the ecological consequences, from construction to removal of merchandise that are dangerous and poisonous ought to be considered in the rules. Elements ought to be assessed depending on the altitude of peril, and where prudent substitutes have become obtainable, limitations will be forced. Rules for responsibility and costs for impairments ought to complement the principles, to endorse better precision and prudence, chiefly in the administration of dangerous discard and corrective measures for fear of pollution of the land and water. This can only take place when the people join hands and collectively pressurize the government to replace existing laws with laws that support the abovementioned processes (roadbent, 1996).

Fiscal measures

Although dictatorial procedures continue to be vital for the efficiency of the strategy, social organizations have launched….