Human Resources Task 1 V2 Essay example

3121 Words Oct 13th, 2013 13 Pages
Task 1

The Toy Company |
To: | CEO |
From: | [Your name] |
CC: | HR Member |
Date: | 5/15/2013 |
Re: | Response to Employee’s Claim |
Comments: | In reference to the employee’s claim, I appreciate the vote of confidence instilled in me by allowing me to do the research on the case. It gave me the opportunity to familiarize myself with the situation, refresh on the laws, understand our current policies and in addition, it gave me the opportunity to think about strategies to mitigate this type of risk in the future. Below are my findings. |

A. Constructive Discharge
I was advised the employee resigned due to the company’s new policy on shift work. All of the production staff would be required to work 4 days in a row,10
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The law itself makes it illegal to discriminate against him on the basis of color, national origin, race, sex or religion. The law also protects the employee from our retaliation simply because he decided to speak up or sue claiming unfair treatment. Interestingly, the law requires the Toy Company to provide religions accommodations in case the employee needed to practice while at work without causing hardship to the company’s day to day operations. As I mentioned before, there is no conversation recorded on file nor any sign of discontent with the new schedule after it was rolled out. In 1991, the Civil Rights Act was amended by Congress to reinforce the law as it seemed like it was diluted by the Supreme Court case after case. The amendment focused on 3 key areas: Burden of Proof, Quotas and Damages and Jury Trials. As it pertains to us, in this specific situation, burden of proof will require us to justify why me made the business decision to alter the employee’s schedule. Quotas are not applicable in this case as we do not have quotas at the Toy Company to hire from any specific protected class. Damages and Jury Trials make our case very interesting as if we are not able to reach a settlement outside the courts, the amendment not only allows the employee to go after punitive…

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