Essays on Constructive Discharge

Re: Constructive Discharge

Introduction Black’s Law Dictionary defines constructive discharge to include termination of employment instigated, caused, brought about or effected by an employer in making working environment and/or conditions so unfriendly or intolerable that his or her or its employee feels compelled to leave . It is however notable that this does not mean any employee unhappy with their working conditions can deliberately quit their job and institute a lawsuit against their former employer in constructive discharge. The employee bringing a lawsuit in constructive discharge against his or her employer must successfully establish their case on the balance of probabilities . He or ...

Introduction

In the modern world, equality has become a serious issue as far as gender is concerned. Apparently, the legal structures of various jurisdictions provide for gender balance in all sectors of life, including the employment aspect of labor relations. Following such legislation, which has totally changed the position of women in society, women can now access such positions as the executive managerial seats in organizations. Today, many companies have women in their strategic teams. Such women are part of the decision making teams of most organizations. Contrary to traditional belief, women perform extremely well in such duties as managerial appointments ( ...

Introduction

The Civil Rights Act Of 1964 is arguably the most significant aspect of legal issues governing labor relations to this day. Title seven of the same act illegalizes discriminatory practices in the employment process and the entire human resource management function of any organization (Silver, 2001). It made illegal all prejudices along the sexual, color, creed, and racial lines. It is vital that all stakeholders in an organization, especially the staff members and stewards of the organization to possess mastery of the legal concept of Equal Opportunity Employment. This will see to it that the welfare of both parties ...

Human Resources Task 1

After detailed research, it has become clear that there was a positive release of the employee in question. Baxter and Farrell (1981) clarified that while no release actually takes place, the situation encircling an employee’s choice to leave is inspected by the courts. They point out: “If the decision to quit is forced on the employee, the courts will deem it a constructive discharge and will treat the employee as if he or she had been explicitly and directly discharged.” Although the business did not deliver a close of employment letter to the employee, the situation that resulted in the ...

MEMO

After a thorough research, it is evident that the constructive discharge of the employee is relevant as the company’s production schedule changed due to the increased production of the company (“How to Prevent Constructive Discharge,” 1999). The company did not consult the employees before it changed the production schedule. Initially the production employees worked Monday through Friday. Due to the company growth, the production schedule of the company had to be revised and a few changes made. At the beginning of the following year, the employees were supposed to work in shifts of 12 hours. Each employee was supposed to ...