Constructive Discharge Memo

In: Business and Management

Submitted By Loyaltyfirst
Words 1000
Pages 4
Sir,

As requested, I have completed the preliminary research regarding ITC's standing and options in regards to the recent Constructive Discharge allegation brought forth by former employee # 12345. I have included a summary, with details and explanation of findings following.

Summary:
ITC's position is a strong one with three main points in our favor to support our stance.

1. The move to change the production shifts to a rolling 4 day model is justified through increased demand.
2. The former employee took no action to address the change prior to resignation.
3. The change in required work hours is for all employees within that job classification.

It is therefore recommended that ITC stand firm in their course to improve company efficiencies. Future actions may be better served by announcing possible changes of such a nature to the staff prior to implementation to allow for comment, as well as inclusion in an updated employee handbook prior to implementation.

Supporting narrative and findings:

At first glance, this instance bears the characteristics of a plausible charge of Constructive Discharge from the perspective of the former employee. In short, constructive discharge as a legal concept is relevant to this scenario, as the scenario itself bears several characteristics that may comprise a constructive discharge. Among these characteristics are:

1. Working conditions are unbearable. Constructive discharge occurs when an employee is forced to quit because the employer has made working conditions unbearable. Unbearable conditions include those that are deemed as discriminatory in nature. As the employee perceives the changes to negatively impact his religious obligations, he may have felt they were discriminatory in nature. (About.com, 2011)
2. We (the employer) recently changed a working condition that led directly to the employee's…...

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