Reinstatement letter and employer response for Mary
Mary was a 14-year employee of XYZ Business, a non-union employer. XYZ has experiences declining revenues over the past 12 months and initiates a reduction-on-force (RIF) plan. Mary is terminated from employment as part of the RIF and given a severance package including three months' pay and COBRA benefits. She did not sign a release or any other documents when the RIF took place. Several weeks later, Mary learns, during casual conversation with a friend at the corner bar, that XYZ only terminated employees over 55. Mary is 57 years old and was a middle management employee. Mary goes back to the Human Resources Department of XYZ and demands that she be reinstated based on the newly acquired information.
a. Write a letter on behalf of Mary to the HR Manager of XYZ Business in support of her request for reinstatement and other appropriate remedies.
b. Draft a response on behalf of the employer. Present the research supporting both documents, citing your sources (case law, articles, etc.).
As you prepare to write the two letters you note the key legal topics and principles that you need to incorporate.
a. The relevant anti-discrimination statutes, including Title Vll, ADEA, ADA, Equal Pay Act and Civil Rights Act of 1991.
b. How to demonstrate an effective process for responding to a change or claim from a regulatory agency (e.g., EEOC, Dept. of Labor, state and local EEO agencies, etc.).
c. What techniques are best suited to investigate and resolve employee grievances and complaints?
d. What criteria will you use to evaluate discipline processes and grievances procedures?