Labor and Employment Law
JOHN DOE
Western Governors University
310.1.5-02,11,13: Labor and Employment Law
Situation A
Under the Family and Medical Leave Act of 1993, the employee requesting leave from company X does fall under the employee eligibility as he met the 12 month and 1,250 hour requirements and has been with company X for two years. The Employee was out for 11 weeks unpaid leave, which is with in the allotted 12 weeks time frame allowed under FMLA. He also was caring for his newborn children who have a serious health condition, as they are pre-mature twins. This fact falls under the entitlement to leave. Upon returning the company he was given back his position with the original pay and benefits by his new manager, which is with-in the requirements of job restoration under FMLA.
A violation has not occurred in regards to this employees claim by the denial of 11 weeks withheld salary as FMLA regulations state that up to 12 weeks maybe taken either straight through the rolling year or intermediately, but it is unpaid. Therefore he has no claim of any violation under the Act by the managers’ denial.
Situation B
Employee B is 68 years old and with the Company X for 42 years. In a recent annual review he was given an “above average” rating however was denied a promotion due to age and this position was given to an employee 32 years of age with an “adequate” work rating in their annual review.
Seeing that employee B is 68 years old. He falls under the Age Discrimination in Employment Act of 1967 as he is over age of 40. This Act protects employees 40 years or older, from being discriminated based on age in regards to: hiring, firing, promotion, benefits or any other type of benefit with in the company they work. Any Harassment based on Age and any policies or practices that discriminate based on age within the company. (EEOC, 2012)
The Employee was wrongfully terminated based on the ADEA of 1967 due reason being his age but also because there was no other
Western Governors University
310.1.5-02,11,13: Labor and Employment Law
Situation A
Under the Family and Medical Leave Act of 1993, the employee requesting leave from company X does fall under the employee eligibility as he met the 12 month and 1,250 hour requirements and has been with company X for two years. The Employee was out for 11 weeks unpaid leave, which is with in the allotted 12 weeks time frame allowed under FMLA. He also was caring for his newborn children who have a serious health condition, as they are pre-mature twins. This fact falls under the entitlement to leave. Upon returning the company he was given back his position with the original pay and benefits by his new manager, which is with-in the requirements of job restoration under FMLA.
A violation has not occurred in regards to this employees claim by the denial of 11 weeks withheld salary as FMLA regulations state that up to 12 weeks maybe taken either straight through the rolling year or intermediately, but it is unpaid. Therefore he has no claim of any violation under the Act by the managers’ denial.
Situation B
Employee B is 68 years old and with the Company X for 42 years. In a recent annual review he was given an “above average” rating however was denied a promotion due to age and this position was given to an employee 32 years of age with an “adequate” work rating in their annual review.
Seeing that employee B is 68 years old. He falls under the Age Discrimination in Employment Act of 1967 as he is over age of 40. This Act protects employees 40 years or older, from being discriminated based on age in regards to: hiring, firing, promotion, benefits or any other type of benefit with in the company they work. Any Harassment based on Age and any policies or practices that discriminate based on age within the company. (EEOC, 2012)
The Employee was wrongfully terminated based on the ADEA of 1967 due reason being his age but also because there was no other
References: Websites U.S. Equal Employment Opportunity Commission 2012. Age Discrimination. http://www.eeoc.gov/laws/types/ages.cfrm The U.S. Equal Employment Opportunity Commission 2012. The ADA: Your Employment Rights as an Individual With a Disability. Https:// www.my.wgu.edu/wgu-students/cos.