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…...

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References

Cathy, B. (2010). The Employment Litigation Handbook. New York: American Bar Association.

Berger, B. (Oct 14th, 2001). Constructive discharge' a hard case to prove. Retrieved February

18th 2014 from  http://www.bizjournals.com/denver/stories/2001/10/15/smallb4.html?page=all 

Bradley Arant BC. (July 1st, 2004). Supreme Court Clarifies Constructive Discharge in Title VII

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…...

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BIBLIOGRAPHY

Business Laws (2013). The civil rights act of 1964. Business Laws.com. Retrieved on February 18, 2014 from  http://business.laws.com/sexual-harassment/civil-rights-act-of-1964 

EEOC (2014). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity

Commission: U.S. Equal Employment Opportunity Commission. Retrieved on February 18, 2014 from  http://www.eeoc.gov/laws/statutes/titlevi.cfm 

-. Religious discrimination. Retrieved on February 18, 2014 from  http://www.eeoc.gov/laws/types/religion.cfm

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…...

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References

American Law Institute-American Bar Association Committee on Continuing Professional Education (1988). Advanced employment law and litigation: ALI-ABA course of study materials. Philadelphia, Pa. (4025 Chestnut St.: American Law Institute-American Bar Association, Committee on Continuing Professional Education.

FindLaw (2003, January 24). GOLDMEIER v. ALLSTATE INSURANCE COMPANY, No. 01-3888., July 24, 2003 - U.S. 6th Circuit | FindLaw. Retrieved from  http://caselaw.findlaw.com/us-6th-circuit/1483827.html 

Labor & Employment Law Practice Group (2007, November 5). SIXTH CIRCUIT COURT DENIES EMPLOYEE'S RELIGIOUS ACCOMODATION AND DISCRIMINATION CLAIMS. Retrieved from  http://www.plunkettcooney.com/publications-145.pdf 

Lawson v. State of Washington (2002, April 10). Liebert Cassidy Whitmore | Court Concludes There Was No Constructive Discharge Due to Religious Beliefs. Retrieved from  http://www.lcwlegal.com/64942

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…...

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Works Cited List

American Psychological Association "Harris v. Forklift Inc." 2011.

Accessed 3 December 2011.

< www.apa.org > About APA > Directorates and Programs>

Cross, Frank. B, and LeRoy Miller, R. "Employment Discrimination." The Legal Environment of Business. Mason: South- West Cengage Learning, 2011

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…...

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Resources professional, Lehr, was very negative about the possibility of a favorable outcome for appellant. She repeatedly informed appellant that appellee Bonilla was well-liked by the people at the company and actively encouraged appellant to drop her complaint against appellee Bonilla. Moreover, Lehr was involved in a romantic relationship with appellee Bonilla, which was known to the appellant during the time of the investigation.

While it may seem egregious that appellee U.S.P.S. would allow a human resources professional who was engaged in a romantic relationship with an employee to conduct an investigation into that employee's behavior, the egregious nature of those allegations actually works against appellant's claim of equitable estoppel. If appellee Bonilla had engaged in a secret affair with Lehr, which appellant only uncovered after the limitations period had expired, then estoppel might apply to him. If appellee U.S.P.S. had been aware of the affair, but hidden it from appellant, then estoppel might apply to it. On the contrary, appellant's own allegations suggest that the romantic relationship between Lehr and appellee Bonilla was known during the course of the investigation. Therefore, the Court has to look at whether a reasonable person, under those same circumstances, would have believed that an investigation into appellee Bonilla would have resulted in a favorable outcome for appellant. Clearly, a reasonable person would have had, at the very least, grave misgivings about the outcome of such an investigation and would not have relied upon the fact that an investigation was occurring to prevent her from filing a discrimination claim.

The only other possible source of an estoppel claim is the fact that appellant met with a counselor who failed to file her employment discrimination claim against appellees. Perhaps the facts support a filing of a discrimination claim and the counselor's behavior was inappropriate. Moreover, it is possible that appellant believed that her discussion with the counselor would lead to a claim being filed within the statutory period, although her decision to delay speaking with a counselor until the statutory period had almost expired seems as if she was not protecting her rights. However, the question is whether the appellees engaged in behavior that would have prevented her from filing her claim. Even if the counselor's behavior kept appellant from filing a private lawsuit, there is no reason to believe that appellees were, in any way responsible for the counselor's behavior. They cannot be equitably estopped from bringing a statute of limitations defense by the behavior of a third party who was not under their control.

When examining equitable estoppel, it is also appropriate to look at laches. Laches is the "negligent and unintentional failure to protect one's rights." Elvis Presley Enter., v. Elvisly Yours, Inc., 936 F.2d 889, 894 (6th Cir. 1991). Laches has two elements. First, there must be an unreasonable delay in asserting one's rights and second, there must be prejudice to the defending parties. EEOC v. Watkins Motor Lines, Inc., 463 F.3d 436, 437 (6th Cir. 2006). The Court has specifically held that employers can use a laches defense when faced with discrimination claims; "in addition to other equitable defenses, therefore, an employer may raise a laches defense, which bars a plaintiff from maintaining a suit if he unreasonably delays in filing a suit and as a result harms the defendant." National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 121-122.

Appellant would like to characterize her request for equitable estoppel in such a way that it appears that she is barred by just a few days from bringing her discrimination claim. In some ways this is true, but she also wants to allege a systemic pattern of discriminatory behavior by appellee Bonilla that goes back for years of employment. She failed to file her claim, either as a lawsuit or with the EEOC during that extended period of harassment. Moreover, she acknowledges that she was only transferred to appellee Bonilla's supervision after an unfavorable review when she was in another position. It certainly appears that her employment behavior for several years would be at issue in the lawsuit and that appellees would need to be able to provide substantiation of their claims about her behavior, particularly claims made in her employment evaluations, as part of their defense. The time delay in bringing suit would make this much more difficult for appellees.

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…...

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Works Cited

Estreicher, Samuel. Global Labor and Employment Law for the Practicing Lawyer. New York: Kluwer Law International, 2010. Print

Forsyth, Anthony, and Stewart, Andrew. Fair Work: The New Workplace Laws and the Work Choices. New York: Legacy Federation Press, 2009. Print

Wright, John. Unfair Dismissal Law Fourth Edition. New York: Lulu.com, 2014. Print

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…...

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References

Castro, Janice, et al. (1986, March). Battling the Enemy Within:

Clarke, Allison (1998, November 19). Law: Randomly Testing Time. Independent, 16.

Companies Fight to Drive Illegal Drugs out of Workplace.

Drug, Alcohol Tests at Work Ruled Acceptable. (2002, July 22). The Toronto Star

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…...

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Works Cited

Anonymous. (2006, February). Employee terminations. Retrieved February 16, 2014 from search.proquest.com Web site:  http://search.proquest.com.ezproxy.trident.edu:2048/docview/200653775 

Anonymous. (n.d.). Chapter 6: Managing employee separations, sownsizing and outplacement. Retrieved February 16, 2014 from docs.google.com Web site: https://docs.google.com/viewer?a=v&q=cache:lsOQaq7S5oIJ:classes.bus.oregonstate.edu/fall-06/ba453/Neubaum/Chapter6%2520post.ppt+voluntary+and+involuntary+employee+benefits+poerpoint&hl=en&gl=us&pid=bl&srcid=ADGEESiKGVYjQJcvtL-X7Hylxg7R1spJO6fS52Tc-gb-cuYA

Shanoff, B. (2006, April). Termination headaches. Retrieved February 16, 2014 from search.proquest.com Web site:  http://search.proquest.com.ezproxy.trident.edu:2048/docview/219265004 

Van Bogaert, D., & Gross-Schaefer, A. (2005, Summer). Terminating the employee-employer relationship: Ethical and legal challenges. Retrieved February 16, 2014 from search.proquest.com Web site:  http://search.proquest.com.ezproxy.trident.edu:2048/docview/194226698

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…...

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References

"Discipline and Workplace Rights." AFSCME. 13 Nov 2009. Web.

Kasle, Whitney. "When Can You Legally Terminate an Employee Because of a Misstep

on Social Media?" New Brand. 28 Jan 2014. Web.

Sussman, Jessica. "Are there any circumstances under which it is unlawful to discipline an employee for posting negative comments on Facebook or another social networking site?" XPertHR. 2015. Web.

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…...

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Works Cited

California Land Title Association.

Bulletin 03/04-26, September 2, 2003. CLTA News

Express. 21 http://www.clta.org/News/NewsExpress/bull0304-26_LatestLegalDevelopments.htm

Eyton-Jones, Charles. How we work - Questions and Answers. 21 November 2003. http://www.my14law.com/howwework.html

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…...

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References

Carrabine, E., Iganski, P., Lee, M., Plummer, K., & South, N. (2004). Criminology: a social introduction. New York: Routledge.

Lanier, M.M, & Henry, S. (1998). Essential criminology. Bould Cohn, E.G., Farrington, D.P., & Wright, R.A. (1998). Evaluating criminology and criminal justice. Westport, CT: Greenwood Press.

er, CO: Westview Press.

Turner, M. (2008). Juvenile delinquency: causes and control, 2nd ed. Australian and New Zealand Journal of Criminology, 39(3).

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…...

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Bibliography:

Discipline- Merriam Webster Dictionary online, Retrieved from  http://www.merriam-webster.com/netdict/discipline?show=0&t=1285512501 

Discipline- definition, Retrieved from  http://www.lexic.us/definition-of/discipline 

Discipline-definition, Retrieved from  http://dictionary.reference.com/browse/discipline 

Montessori, M.(Everett George, A. translator) (1912) The Montessori method. NY: Frederick A. Stokes, Retrieved from  http://digital.library.upenn.edu/women/montessori/method/method.html#V

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…...

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References

Accounting Technicians in 2001. Retrieved from www.aat.co.uk/docs/employers/hays_employer_research.pdf Accessed on 27 July, 2005

Brewster, Chris; Mayrhofer, Wolfgang; Morley, Michael. New Challenges for European Human

Resource Management. MacMillan, 2000. Retrieved from "   d=101941797 Accessed on 27 July, 2005http://www.questia.com/PM.qst?a=o& ;

Brewster, Chris; Harris, Hilary. International HRM. Routledge. 1999. Retrieved from "

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…...

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References

Corrective Action: Professional and Support Staff. March 1, 2002. Retrieved From

  Accessed on 5 November, 2004http://atyourservice.ucop.edu/employees/policies/staff_policies/spp62.html 

Employee Conduct, Disciplinary Discharge Guidelines. Retrieved From

  Accessed on 5 November, 2004http://www.rpi.edu/dept/hr/policy/empconductguide.html 

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…...

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Bibliography

Broadbent, J. (1998). Environmental Politics in Japan, Cambridge, Cambridge University Press.

Barrett, Brendan F.D., and Riki Therival. (1991). Environmental Policy and Impact Assessment in Japan New York: Routledge. Reviewed in the Journal of Asian Studies (JAS) 51.1: 164-164.

Fujitsu group. (2005). Fujitsu group sustainability report.

Furuoka, F. And Oishi, M. (2005) Developmentalism and Ecosystem Conservation: What Can Be Learnt from Japan's Experience? Paper presented at the Third BBEC International Conference 2005, Kota Kinabalu, Sabah, Malaysia.