The Issue of Constructive Discharge

The memorandum is written to present the requested information on the issue of constructive discharge. The purpose of this memo is to analyze the information presented in the article â€Å"Do I Have a Case for Constructive Discharge?† by John Gallagher and discuss the importance of the article’s content in relation to the problem of constructive discharge and staff turnover at the workplace.Advertising We will write a custom report sample on The Issue of Constructive Discharge specifically for you for only $16.05 $11/page Learn More Constructive discharge claims can become real challenges for employers because of accusing them in supporting the hostile work environment and performing illegal actions. From this point, it is important to determine the conditions according to which discharge claims can be discussed as constructive in order to prevent performing illegal actions and the staff turnover. After analyzing the current researches, stu dies, and legal norms on the issue, it is necessary to pay attention to the article â€Å"Do I Have a Case for Constructive Discharge?† by John Gallagher in which the author discusses the associated employment law issues. The article was found while examining the Internet resources on the issue related to the problem of constructive discharge claims and hostile workplace environment. Many helpful resources were found in the library LexisNexis, the section of Labor and Employment Law. The article by Gallagher was chosen for the discussion because of providing the definition of the hostile work environment and aspects according to which employees have the right to demand the constructive discharge. In his article, the author provides the legal definition of a hostile work environment with references to the actions and situations which can be discussed as hostile in relation to employees. To define a work environment as hostile, it is necessary to state the episodes of sexual ha rassment against employees and occasions of discrimination based on race, age, gender, nationality, and religious views. This definition emphasizes the importance for employers to review the workplace policies to ensure that they are reasonable and legally acceptable in order to avoid the issues of discrimination which can lead to constructive discharge (Gallagher par. 3). Thus, various kinds of discrimination at the workplace are prohibited under the employment laws. Experiencing any type of discrimination, an employee can focus on realizing the constructive discharge.  The situations when employees can be treated unfairly are also connected with the open violation of such laws as the Family and Medical Leave Act and the Americans with Disabilities Act as well as the whistleblower statute (Gallagher par. 4).Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Employees’ rights are pr otected according to these laws. However, different states provide additional statutes to cover other legal issues connected with the problem of employment.  Gallagher concentrates on the fact which is important to be learned by employers and employees that unfair treatment and immoral treatment leading to constructive discharge includes only above-mentioned points. Thus, many problems in interactions between employees and their bosses and co-workers which can be discussed as immoral cannot lead to constructive discharge because these issues are based on the aspects of communication or cooperation without references to discrimination, racism, or violating the laws. The author states that there should be a substantial claim associated with the hostile work environment or work conditions which prevent employees from working effectively (Gallagher par. 5). It is necessary to accentuate the difference between the intolerable and hostile work environment and interactions between the co lleagues (Gallagher par. 8). The problem is in the fact that the laws do not provide the necessary protection for people who can suffer from the intolerable work environment. Employees and managers should know the difference between the definitions of these kinds of behaviors. The information provided in the article is important for employers because the author presents the detailed list of scenarios which can lead to employees quitting jobs discussed as constructive discharge. Thus, much attention is paid to the problem of sexual harassment as an example of a hostile work environment. It is important to note that the roles of aggressors and managers are discussed equally while analyzing the case of sexual harassment. From this point, the task of the employer is to inform employees and managers about the issue of sexual harassment and possible consequences. The next scenario is associated with the case of discrimination. Employees have the right to claim for constructive discharge, if they experience discrimination according to definite aspects, characteristics, and disabilities. Employees should know the list of aspects which are discussed as violent and discriminating. Gallagher also pays attention to the fact that employees’ claims in relation to discrimination can lead to the managers’ negative reaction. Thus, the problem of an unlawful retaliation claim is also mentioned in the article (Gallagher par. 9). The most problematic category of the laws violations associated with constructive discharge is the violation of the employment laws and acts. Thus, the employer and manager’s mistreatment of an employee based on ignorance of the FMLA or other laws and statutes can lead to the reasonable, constructive discharge because creating the working conditions which are inappropriate according to the laws (Gallagher par. 9).Advertising We will write a custom report sample on The Issue of Constructive Discharge specifically for you for only $16.05 $11/page Learn More Employees should pay attention to the consequences of their claims. If they notice the changes in the employer’s attitude which are closely associated with discrimination or changes in duties, employees have the right for constructive discharge because of employers’ illegal actions and attempts to prevent employees from receiving the benefits guaranteed according to the law. One of the controversial aspects is a whistleblower complaint which is not met peacefully in many organizations, but which is discussed according to the legal norms (Gallagher par. 9). The provided list of scenarios should be carefully examined by employers, managers, and employees in order to predict and prevent the problematic situations and avoid the cases of constructive discharge. The article by John Gallagher is helpful to examine the problem of constructive discharge in detail and develop the effective policy because the author puts emphas is on the fact that the standards for acceptance of constructive discharge claims are high, and they are closely associated with the legal standards required to prove the existence of a hostile work environment. The information provided in the article can be successfully used to inform managers and employees about the necessary requirements for stating the fact of developing the hostile work environment. Moreover, it is important to inform employees that the information about any aspects discussed above as leading to constructive discharge should be shared with management in order to prevent the development of illegal issues. Employers should take into account the information provided in the article because it is based on the current employment laws. Claiming for constructive discharge, employees should realize the conditions according to which their claims can be considered as reasonable because of the complex character of the issue. Works Cited Gallagher, John. Do I Have a Case fo r Constructive Discharge? 10 Oct. 2011. Web. This report on The Issue of Constructive Discharge was written and submitted by user Stella Horne to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

The Meanings and Variations of Mother

The Meanings and Variations of Mother The Meanings and Variations of Mother The Meanings and Variations of Mother By Mark Nichol Mother derives from the Old English term modor, which is cognate with the Latin word mater and the Greek word meter. (From the Latin term such words as maternal and maternity are derived.) The term refers not only to a female parent but also to a woman in authority, such as the head of a women’s religious community; it was also long employed as a respectful term of address for an elderly woman (as in â€Å"Mother Goose†), though this use is almost obsolete. It may also apply to an origin, precursor, or source, as in the expression â€Å"Necessity is the mother of invention.† A stepmother is a woman who marries one of one’s parents, and a mother-in-law is the mother of one’s spouse. Motherly describes maternal behavior, and motherlike alludes to a resemblance to the qualities of a mother. Motherhood describes the quality or state of being a mother. The verb mother pertains to the act of producing biological or figurative offspring. Motherland describes one’s home country, although the term is most prevalent in Russia and adjacent nations as well as some in the Near East and seldom used elsewhere. Mother Nature is the maternal personification of nature as the source of all that exists in the natural world. Mother also appears in a compound word ending with an obscene term; in this form and by itself it can be, depending on context, a mild epithet or an extreme insult. Open compounds that include the term mother include â€Å"earth mother† (meaning â€Å"a maternal figure†) â€Å"mother cell† (â€Å"a cell in an organism that produces usually different types of cells†), â€Å"mother hen† (â€Å"an overly protective person†), â€Å"mother lode† (â€Å"a primary mineral lode or vein† or â€Å"a primary source or supply†), â€Å"mother wit† (â€Å"natural intelligence or wit†), and â€Å"mother ship† (â€Å"a ship that serves smaller vessels†). â€Å"Refrigerator mother,† a label once applied to cold, distant, unmaternal mothers, was coined as part of a since-rejected theory for the cause of autism. A stage mother, meanwhile, is one who pressures a child to participate in the performing arts and demands special treatment for him or her; the term is derogatory, with the implication that a she is living vicariously through the child. Compounds employing the informal variant mom include â€Å"helicopter mom,† which describes an overly protective mother, as well as â€Å"soccer mom,† a sometimes pejorative term for a specific demographic- a suburban mother who pushes her children to participate in extracurricular activities such as youth soccer leagues- and the related phrase â€Å"hockey mom,† which pertains to inhabitants of geographic regions where ice hockey is prevalent. Expressions that use the term mother follow: a face only a mother could love: said of an unattractive person at (one’s) mother’s knee: alluding to learning something as a child every mother’s son: an evocative way of saying â€Å"everyone† everybody/everyone and (one’s) mother: a hyperbolic expression referring to a crowd the mother of all (blank): a hyperbolic reference to the best or greatest of a type of thing swear/swore on (one’s) mother’s grave: a hyperbolic reference to a solemn confirmation that one is telling the truth because of the association with the sanctity of a parent’s gravesite tied to (one’s) mother’s apron strings: said of a man who has not asserted his independence from his mother Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Bare or Bear With Me?5 Brainstorming Strategies for Writers20 Classic Novels You Can Read in One Sitting