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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?

Additionally, complete a Due Diligence Worksheet on this assignment.

Solution Preview

The response addresses the queries posted in 752 Words, APA References.

The HR Manager
XYZ Business

Subject: Request for Reinstatement

Dear Sir/ Madam,

I am Mary, the 14 year old ex-employer of XYZ Business and have been recently terminated as a result of the RIF plan. I got the information a few days back that the company has terminated employees over 55 years of age. This is a discriminatory act, which is not correct under the ADEA i.e. Age Discrimination in Employment Act. According to this act, no older employee should be terminated or given reduced benefits on the basis of age. I have an experience of 14 years in the company and was a responsible middle management employee of the company. This law applies to both the employees as well as the job applicants. It is an act of the EEOC (Equal Employment Opportunity Commission) which protects the employees who are 40 and above 40 years of age from any kind of age discrimination (Age Discrimination, 2008).

There should be a legal agreement that is signed at the time of termination and no such agreement was signed by me during termination. The Title VII of the Civil Rights Act also prohibits discrimination between the employees based on age and this was not a right criterion of terminating the employees. It is an illegal and ...

Solution Summary

The response addresses the queries posted in 752 Words, APA References.