Human Resources, Task1, Constructive discharge
A constructive discharge occurs when an employee is legally justified in claiming that he was compelled to resign because the employer has made working conditions intolerable (By Gerard E. Dempsey and Janet N. Petsche August 1, 2006).In this situation, an employee resigns because the employer was unresponsive to a harassment complaint. Complaint is about policy requires employees to work on a religious holy day .In this scenario Discrimination is harassment on the basis of religion. Employees with written contracts of employment have been more successful in proving constructive discharge when their employers unilaterally change ...view middle of the document...
May be employee requested about time shift and probably he did not get satisfied respond then he filed a case against the company. Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin(U.S. Equal Employment Opportunity Commission). Law requires religious accommodation such as: An employer is required to reasonably accommodate the religious belief of an employee, unless doing so would impose an undue hardship (U.S. Equal Employment Opportunity Commission).
In this scenario discrimination is related to religion. Employer should be understandable about employees` religious days. I think there are just several religious days but employer should be aware of the rules that law requires. Other thing maybe relevant with this case is changing job agreement. Once employer done agreement with employee, he/she should not change it. It can cause this kind of problems. Employer should give and make long term decision for company and hire employees according to given decision.
There are courses of action employer can take to address constructive discharge issues and avoid costly claims. Although it may not be possible to prevent employees from suing, there are some steps that the company can take to reduce the incidence of against a constructive discharge claim. Establish a formal grievance process and communicate It. This gives employees a channel for airing complaints. In addition, failure to take advantage of grievance procedures will count against an employee. Deal with Employee fairly and honestly. Do not attempt to encourage a problem employee to leave by making his life miserable. It could backfire and make your life miserable.
There are several actions also need to be taken:
Conduct mediation and Conciliation technique. Constructive Discharge Mediation involves trained mediator who conducts a neutral meeting with parties. Mediator uses persuasion and people skills to facilitate dialogue, and utilizes their experience and expertise to suggest possible settlement outcomes. This intervention technique is named Conciliation. Both Constructive Discharge Mediation and Constructive Discharge Conciliation allow party to maintain civil relationships and offers greatest opportunity for creative problem solving
Other recommendation is fight the claim. Immediately begin the investigation by getting details from the employee who complained. Explain what will happen next and urge him to report any further problems right away. Speak in private with any potential witnesses as soon as possible. Make a determination as soon as practical and communicate that decision to the employee.
Clear and Continuous Communication, Honest, clear communication is a must Employees are normally willing to accept change when they understand why it is necessary.
Employer should approach the situation in positive way in term of increasing salary, tolerating religious days, changing his...