Toy Company | To: | John Stanton, Chief Executive Officer | From: | Christine Van Winkle, Elementary Division Manager | CC: | | Date: | 3/18/2013 | Re: | Initial Response to Constructive Discharge Claim #1- 2013; Claimant AA23 | Comments: | Per your request to investigate and recommend Toy Company’s position regarding Claim #1-2013; this report was generated. The initial research has been finalized and recommendations determined. I will refer to the claim by its number #1-2013 and the claimant as AA23 to keep the confidentiality of the claimant. First this report will provide a summary of the claim and the history associated with it. Second it will discuss the definition of Constructive Discharge and its relevance to this …show more content…

C. Recommendations for Toy Company response.The facts before us are that Toy Company provided information on the new schedule several months before it was implemented. AA23 or any other employee didn’t inform Toy Company of any issues with the new schedule before the implementation at the beginning of 2013. When AA23 resigned AA23 did not document the reason for the resignation as due to scheduling impacts impacting religious beliefs either in writing or in person to the appropriate Human Resources personnel. Since this schedule change impacted all production employees it clearly was not created to personally force AA23 to resign.The EEOC will likely find in favor of the company and not send the case to trial. However it is in our best interest to work with AA23 and try to resolve this case through conciliation. This will require us to enter mediation with the EEOC, AA23, and company representatives.C1. Three legal references that support recommendations 1. In Liebermann V. Genesis Health Care – Franklin Woods Center (2012), Grace Liebermann worked at Genesis Health Care. Ms. Liebermann started working there in August of 2010. Ms. Liebermann constantly stated that she Jewish and needed to leave early on Fridays. Genesis agreed with the understanding that she would work a full 40 hours a week. Almost immediately her schedule became an issue. She repeatedly emailed her