Constructive Speach

In: English and Literature

Submitted By bryar07
Words 987
Pages 4
Constructive Speech What determines the outcome of someone’s life? Is it the choices they make or is it the situations they have been placed into? Good morning Mrs.Gittins, mediator, scores, my opponents, my colleague and audience. My partner and I agree on the fact that Willie is most definitely not to blame for the situation he has ended up in. In Willy’s case the outcome of his life is based on the situations he was placed into. We believe this is due to the fact that during his childhood years a father figure was not present. Also, Willy’s wife Linda Lowman clearly understood that her husband was mentally unstable but she decided to turn a blind eye and deny just like the rest of society and pretend as if everything were okay. In the play, Willie’s character is a tragic hero and an unconscious victim. He sees the world around him changing and his own inability to change with it seals his fate. The audience learns that Willie strongly believes that success is not what you know, but who you know and how well you are liked. At one point in time Willie was a very successful salesman, when Howard’s father ran the company. Many promises were made between Willie and Howard’s father across that desk in the office. Despite the fact that Willie worked hard his entire life, and was rewarded very little, the promises that he believed in for all his years of work and strived towards fell through. Now that he is old and not able to keep up at the pace he used to Howard thinks he is useless to the company. Evidence of this is found on page 81 when Howard says to him “Kid, I cannot take blood from a stone”. By saying this Howard implies the fact that since he is not getting the amount of sales he wants from Willy, he has to let him go. The environment in which a person lives has a very large impact on the type of decisions as well as how the person perceives…...

Similar Documents

Constructive Discharge

...Constructive Discharge:   After conducting research on Title VII of the Civil Rights Act of 1964, it is important to understand the legal concept, “Constructive Discharge”, as it is extremely relevant to the employee’s claim. Constructive discharge is when an employee resigns from a job, claiming that the employer has made it impossible for the employee to continue working for the company. Because the resignation is not truly voluntary, it is considered termination or firing. In order to establish a constructive discharge claim, the employee must show reasonable evidence that the discharge occurred, also known as “prima facie”. To show prima facie, the plaintiff must show the following factors occurred: 1. The employee resigned directly because of a change in working condition or policy implemented by the employer (Niznik, 2012). 2. There was a “cause and effect” relationship between the resignation and the change in working condition or policy; both must have occurred within reasonable time of each other (Niznik ,2012). 3. Any reasonable employee would resign under the same circumstances because the change in policy or working condition was unbearable (Niznik ,2012). 4. The resignation was predictable – the employer intentionally implemented the change, knowing any reasonable would quit (Niznik ,2012). Although the employee can prove factors #1 & 2 occurred, it would be extremely difficult for the employee to prove that any other “reasonable”......

Words: 1470 - Pages: 6

Constructive Dismissal in Malaysia

...GROUP ASSIGNMENT LABOUR AND INDUSTRIAL RELATIONS BLR 3084 BC 226 Constructive Dismissal in Malaysia NAME | ID NUMBER | Nur Sheriena Bt Gamal Nasir | 1071114274 | Amira Bt Ramli | 1071116705 | Sam Weng Keong | 1081106812 | Ashkan Sahraee | 1081107220 | Behnam Yami | 1071118686 | Gakegalale Resitanye Senabe | 1071117910 | TABLE OF CONTENTS | Topic | Pages | 1 | Introduction | 1 | 2 | Case 1 - Puan S. Santhi V TetuanDecanHussin | 2-5 | 3 | Case 2 - Azlan Zainal Abidin ,Ahmad Kamil Shahperi Shahibi, Samsudin Zainol Abidin VMalaysia Airlines | 6-8 | 4 | Case 3 – Puan Rasila Binti Hamzah VUMW Corporation Sdn Bhd | 9-10 | 5 | Conclusion | 11 | 6 | References | 12 | INTRODUCTION Constructive dismissal occurs when an employee terminates the contract of employment by appearing to resign. We say it appears so because it is not voluntary resignation. It is resignation caused by the employer’s behaviour. The classic case of constructive dismissal in Malaysia is the case of Wong Chee v Cathay Organization (1988). It would be a constructive dismissal if an employer is guilty of a breach of the contract or if he has evinced an intention no longer to be bound by it. In such situation the employee is entitled to regard the contract as terminated and him as being dismissed. The following examples further demonstrate constructive dismissal, reduction of salary, downgrading, forced to resign or retire, behaviour by the employer......

Words: 2627 - Pages: 11

Constructive Discharge

...Elementary Division Date: September 17, 2013 Subject: Former Employee’s Discharge Claim Relevancy of Constructive Discharge We had a former employee file a claim against our company for constructive discharge under the Title VII of the Civil Rights Act of 1964. Constructive Discharge is “when a worker’s resignation or retirement may be found not to be voluntary because the employer has created a hostile or intolerable work environment or has applied other forms of pressure or coercion which forced the employee to quit or resign” (http://www.dol.gov/elaws/eta.woon/glossary). We implemented a shift change at the beginning of the New Year because the company’s growth has increased greatly. The new shift change requires that production employee’s work four days and then get four days off. Because of this rotating schedule, employees are required to work some Sundays. Because of this change, the employee claimed that the shift change infringed upon her religious beliefs of Sabbath day observance. The former employee quit their job after we implemented the change. In order for the employee to persuade the court that our company created an intolerable work environment, he/she would have to prove that any reasonable employee would have to quit in his/her same situation. The majority of the time, employees have a difficult time proving that a constructive discharge occurred (http://www.justia.com/employment/firing-wrongful-termination). Also in order for the......

Words: 1266 - Pages: 6

Constructive Discharge

...A former employee of our company has filed a claim with the EEOC that the company discriminated against him and due to this discrimination; the employee was forced to resign due to constructive discharge. The claim states that the constructive discharge violated Title VII of the Civil Rights Act of 1964. The former employee alleges that the constructive discharge was in correlation with religious discrimination based on a work schedule policy change. The former employee states that the change in the work schedule policy was discriminatory, because it required employees to work on a religious holy day and due to this change the employee was forced to quit. Constructive discharge in employment law is typically when working conditions are so intolerable that the employee feels compelled to resign (Constructive Discharge, n.d.). Constructive discharge is a discriminatory practice that forces an employee to resign due to perceived intolerability in the work environment. Courts will typically agree with the claim of constructive discharge, if the court determines that any reasonable employee in a similar situation would also feel discriminated against if in the former employee’s position (Ford, Notestine, & Hill, 2000). Courts also require that an employee show that the working condition was so intolerable and that the employer made it purposely so, it forced the employee to resign (Ford, Notestine, & Hill, 2000). The burden of proof is placed on the former employee...

Words: 1960 - Pages: 8

Constructive Dismissal

...2011) This is a Ministerial reference dated 14 November 2007 under section 20(3) of the Industrial Relations Act (“the Act”). The reference is about the alleged constructive dismissal of Foo Jee Huah @ Foo Chee Wah (“the claimant”) by C-Pak Cergas Sdn Bhd (“the company”) on 22 May 2007. Brief Facts Of The Case The claimant was appointed as a Production Supervisor in the embossing department from 16 June 1997 with a salary of RM1,800.00. On or about 3 July 2006 the company held a Domestic Inquiry (DI) against the claimant based on the allegation that the claimant had slept during working hours. After the DI, the DI panel decided that the claimant would be given a final warning letter, no increment bonus for year 2006, the claimant was to be placed permanently on day shift, no pay during suspension period from 27 June 2006 until 3 July 2006 and counseling by the Human Resource Department. Despite having this, the claimant alleged that the company breach their own decision against him by demoting him from a Production Manager to an Assistant Supervisor at a lower salary and transferring him to another department. The claimant alleged that after no response from the company about his 2 dissatisfaction regarding the 2 new punishments against him, he then claimed constructive dismissal. The Law The term "constructive dismissal" has been clearly defined in the case of Western Excavating (EGG) Ltd v. Sharp [1978] 1 All ER 713 where Lord Denning M.R. held that the correct test......

Words: 3675 - Pages: 15

Constructive Discharge Claim

...MEMO To: Chief Executive Officer From: Elementary Division Manager Date: January 1, 2014 Subject: Former Employee, Constructive Discharge Claim Introduction Our attorney has notified me that a former employee has filed a claim against the company, citing Title VII of the Civil Rights Act of 1964, constructive discharge. Findings: A. Constructive Discharge Relevance During the first quarter of the New Year the company implemented a new production schedule as a result of company growth. Employees in the production group are now required to work 12-hour shifts, 4 days on and 4 days off. Because of this, some of the working days fell on the former- employee’s religious holy day. The employee in question quit shortly after the implementation of the new rule. The former employee has filed a constructive discharge claim because of the newly implemented rule. As part of my research, a constructive discharge claim occurs when an employee claims that their working conditions were so intolerable that he/she was forced to quit (Alexander Hamilton Institute, 2011). The plaintiff (our former employee) in this case will need to be able to show the Court that working conditions were not tolerable and forced him/her to resign their position on the production floor. In addition, the plaintiff will need to show prima facie evidence that the said discrimination actually occurred (legal-dictionary, 2014). In a case, Gregory Lawson vs. State of Washington 2002, it pointed out...

Words: 1514 - Pages: 7

Constructive Discharge

...Constructive Discharge As per your request I have completed the investigation regarding the claim of constructive discharge brought against the company by a former employee. Title VII of the Civil Rights Act of 1964 was created to protect against discrimination of an employee based on race, religion, sex, or national origin. As part of my investigation I reviewed legal references pertinent to this case. The company made a policy change to work schedules at the beginning of the new year. This new policy change requires employees to work 12 hour shifts with rotating four day on and four days off. This requires employees to be available for work Sunday through Saturday. Prior to the policy change production employees worked Monday through Friday. The employee is alleging discrimination of his religion based on the new policy requiring him to work on a religious holy day. Constructive Discharge occurs when an employer forces an employee to resign by making the work conditions and environment so intolerable that the employee feels there is no other resolution. In this case the employer was not even aware of the employee’s dissatisfaction of the new policy and that it was affecting the employees religious holy day. The company would not be able to reasonably accommodate the employee without putting undue hardship on the company. Title VII Title VII Civil Rights Act of 1964 regulates the practices of employee discrimination and stipulates the term Constructive Discharge.......

Words: 1784 - Pages: 8

Constructive Discharge

...Executive Officer (CEO) From: Middle Manager Date: Thursday, April 5, 2012 Re: Former Employee, Constructive Discharge & Religious Discrimination Lawsuit ____________________________________________________________________________________ When hired to work for a company every employee expects to be treated equally and fairly in part due to the Civil Rights Act of 1964. When an employer changes working requirements or conditions and the employee becomes unsatisfied with these changes they can either opt to work with the employer to fix the issues, and/or quit. In a court of law it can be very hard to prove an undesirable working environment due to the fact that everyone sees things differently and physical evidence is needed. No employer tries to discriminate against employees, however it can happen inadvertently. Constructive discharge can occur when an employee feels forced to quit because their working conditions are, or were made so unbearable that no reasonable person would stay. (Merriam-Webster, 2012) This usually includes but is not limited to hazards to life or limb, harassment, and negative change in pay or benefits. In many companies the employee must first attempt to speak with or notify the employer of issues they are having and allow time for the employer to rectify the situation while still employed for their claim to hold up in court (The Gale Group, 2002). Constructive discharge has, in recent years, became more prevalent in court cases where......

Words: 2223 - Pages: 9

Constructive Discharge

...Memorandum To: CC: Office of the Chief Executive Officer Office of the Vice President of Human Resources From: Date: Re: 4/2/2012 URGENT: Filed Employee Claim under Title VII of the Civil Rights Act of 1964, Constructive Discharge. I wanted to provide some background on Constructive Discharge under Title VII of the Civil Rights Act of 1964. Title VII was established for employees in the United States to protect them from workplace discrimination based on their race, color, ethnicity, religion gender and/or sexual harassment. Under the definition of Constructive Discharge, according to USLegal.com, an employer makes a working environment intolerable which forces the employee to resign. It further states that “evidence of objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign, if the employer has not been given at least 15 days’ notice by the employee that the employee intends to resign because of these conditions and the employer fails to respond to the employee’s claim”. (1) In this particular case, our former employee who resigned is alleging religious discrimination under Constructive Discharge due to a work policy change requiring employees to rotate their shifts which includes working on what may be considered a religious day. As an employer, the Company needs to “reasonably accommodate an employee’s religious beliefs” (2) and make reasonable accommodations to the work environment. At the time...

Words: 729 - Pages: 3

Constructive Discharge

...A: Constructive Discharge As a Legal Concept As you know, recent company growth prompted us to make production schedule changes after the first of the year. Production employees are no longer working the standard Monday through Friday work week; instead, they are now working four 12-hour days with four days off. The four work days can occur any day of the week, Monday through Sunday. The entire production team is required to work this shift. Because of this schedule change, a constructive discharge claim has been filed against us by Thomas Thompson. Thompson feels we deliberately made his working conditions intolerable, namely because he now has to work on a religious holy day because of our mandatory shift change. Thomas saw the mandatory shift change as discriminatory, and he resigned, believing he had no other choice in order to practice his religion. Prior to the change in schedule, Thompson worked Monday through Friday with two days off on the weekend. This allowed him to observe his holy day on either Saturday or Sunday. By definition, constructive discharge occurs “when the employer, rather than acting directly, ‘deliberately makes an employee’s working conditions so intolerable that the employee is forced into an involuntary resignation’” (Young v. Southwestern Savings & Loan Association, 1975). Claims such as Thompson’s that end up in court are generally tested by applying the reasonable person test. According to The University of Chicago Law Review, “an......

Words: 1553 - Pages: 7

Constructive Discharge Claim

...SUBJECT: Constructive Discharge Claim It has come to my attention that a previous employee plans to file a constructive discharge claim against our Company under Title VII of the Civil Rights Act of 1964. He bases his suit on religious discrimination due to the new production schedule that has recently taken effect. In his opinion, the new production schedule requires employees to work on holy days thereby, discriminating against employees whose religious practice does not allow them to work on these particular days. The employee alleges that enforcement of the new policy forced him to resign his position before the effective date of the new schedule. Religious discrimination involves treating someone different due to their religious or cultural belief system. In business, it is unacceptable and unlawful to treat someone unfavorably because of their culture, religious beliefs, religion, or ethical and moral ideals. Constructive discharge is a legal concept adapted by the Federal Equal Employment Opportunity Law (EEO) that prohibits discrimination in the work environment. Constructive discharge addresses changes in policy or regulations in which an employee feels he is being directly targeted for a reason which would cause any prudent person no other recourse, with the exception of terminating employment. In other words, the employee feels as though he is being forced to quit. (eeoc.gov) Therefore, in order to sue the company, the employee must prove to the court that the...

Words: 703 - Pages: 3

Constructive Discharge

...Title VII of the Civil Rights Act of 1964, Constructive discharge To: Mr. Ben Levant, CEO From: James Bond Date: 7/10/2012 Re: Constructive Discharge – Evan Hallway Mr. Levant, Per your instruction, I investigated the claim submitted by our former employee Evan Hallway. Mr. Hallway is claiming that there was no other solution but to stop showing up for work based on the fact that he was asked to work on the weekends. According to Mr. Hallway, this represents a contravention to his principles and values and he is stating that work environment is unfair and it’s difficult to continue working in such environment. In order to elaborate and conclude on Mr. Hallway claim. Please allow me first to provide a synopsis on the Constructive Discharge and the Civil Rights Act of 1964 Constructive Discharge and Title VII: Constructive discharge is a legal concept that is part of the Federal Equal Employment Opportunity (EEO) Law, which prohibits job distinction and bias based on race, national origin, sexual preference, religion or disability discriminating against individuals because of their race, color, national origin, religion, or sex” (The U.S. Equal Employment Opportunity Commission, n.d.). Based on the labor law, a constructive discharge will take place if an individual’s job is impossible to perform that the normal person would abandon his post. Mr. Hallway is stating that his new schedule disabled him from showing up to work and to continue to be an employee of......

Words: 924 - Pages: 4

Constructive Discharge

...Fordham Law Review Volume 55 | Issue 6 Article 5 1-1-1987 Constructive Discharge Under the ADEA: An Argument for the Intent Standard Ira M. Saxe Recommended Citation Ira M. Saxe, Constructive Discharge Under the ADEA: An Argument for the Intent Standard, 55 Fordham L. Rev. 963 (1987), http://ir.lawnet.fordham.edu/flr/vol55/iss6/5 This Article is brought to you for free and open access by The Fordham Law School Institutional Repository. It has been accepted for inclusion in Fordham Law Review by an authorized administrator of The Fordham Law School Institutional Repository. For more information, please contact melnick@law.fordham.edu. CONSTRUCTIVE DISCHARGE UNDER THE ADEA: AN ARGUMENT FOR THE INTENT STANDARD INTRODUCTION The Age Discrimination in Employment Act of 1967, as amended 1 (ADEA), prohibits employers2 from discriminating on the basis of age against individuals forty years of age or older.' An employer may not trine of constructive discharge,7 which occurs when the employer creates discharge4 an employee within the protected group based on his age, 5 except as provided by law. 6 In addition, the ADEA recognizes the docworking conditions so intolerable that a reasonable employee would be 1. Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 81 Stat. 602 (1967) (codified as amended at 29 U.S.C. §§ 621-34 (1982 & Supp. III 1985)), as amended by Age Discrimination in Employment Amendments of 1986, Pub. L No. 99592, 100 Stat.......

Words: 25744 - Pages: 103

Human Resource - Constructive Discharge

...TO: CEO FROM: Elementary Division Manager DATE: November 7, 2011 SUBJECT: Claims of constructive discharge: This memo is being written in regards to a former employee who has filed a case against the company under Title VII of the Civil Rights Act of 1964, constructive discharge, on charges that the company’s employees are required to work on a religious holy day. The reason for the charge is due to a policy change with the work schedule that affected the entire production staff. The new schedule requires that employees work 12 hour shifts with four days at work and then four days off. The rotating shift can start any day of the week and is the reason for the case against the company. A. Constructive discharge: Constructive discharge is a legal term used when an employee believes that the employer changed working conditions and made them so intolerable that they were legally justified in resigning. In this case the employee claims they were discriminated against when forced to work on a religious holiday due to a schedule change with their shift. There are two tests that were developed by the courts to determine if an employee was discriminated by the employer and constructively discharged. Under “Majority view” constructive discharged is only consider true if a reasonable person working in the same condition’s would have found it intolerable and discriminatory. Under “Minority view” the employee must......

Words: 1001 - Pages: 5

Hr Constructive Discharge

...a. Explain how constructive discharge as a legal concept is relevant to the scenario. Under Title VII and the ADEA, a constructive discharge occurs if an employee resigns their position after being subjected to unlawful discrimination then the resignation may be found to be a “constructive discharge”. Most constructive discharges take place when employees resign because their employer's behavior has become so intolerable or made life so difficult that the employee has no choice but to resign. In some instances the employee must not only prove that working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. In our scenario a production employee X insist that we have discriminated against him because we require that he work on a religious holiday. We have mandated that all production employees are required to work shifts that cover each day of the week based on manufacturing demands and financial considerations. If we change the policy for 1 employee we would also need to change it for all production employees or we could be open to discrimination complaints. Consideration for all production staff to excuse them days of religious celebrations would cause significant difficulties in staffing manufacturing lines and keeping up with productivity goals resulting in lost revenue and expenses. Regulations covered by the EEOC (Under Title VII of the Civil Rights Act of 1964) do include......

Words: 792 - Pages: 4

Knowing Brother Episode 5 | Wii U (168) | Bacteria