Prepare a detailed response for the following scenario, explaining your conclusi
ID: 395387 • Letter: P
Question
Prepare a detailed response for the following scenario, explaining your conclusion regarding whether the scenario constitutes a violation of public policy or a breach of a covenant of good faith and fair dealing. Support your conclusion with legal analysis and reasoning. Explain whether any of the scenarios give rise to potential employer liability and what steps should have been taken to avoid the exposure.
A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for “improper phone usage.” [Hite v. Vermeer Mfg. Co., 361 F. Supp. 2d 935 (S.D. Iowa, 2005).]
Explanation / Answer
If we look at this case we will observe that in this case there is a clear violation of the FMLA and also the ADA (Americans with Disability Act) and such instances are not at all expected because it actually has a negative impact on the business and breach of good faith as well. The employee taking leave is based upon the depressive disorder had to experience major harassment and forced termination as well which raises a lot of questions on the administration of the organization because if such is the case then employees may not feel secured working for such an organization at any cost and they may prefer others for employment as well. The situation should have been handled effectively by the management by planning proper back up resources which would have made the process better and convenient for the employee as well as for the organization which may have incurred loss during this period.
From a legal point of view, the FMLA, ADA and the state civil rights act are violated and hence the organization needs to compensate the damages experienced by the employee which includes, wages, salary, leave balance as well and the expenses incurred including the court proceedings and the attorney fees as well.