Monique Suzette Smith
Student I.D. 000308573
Western Governors University
LIT1: Task 310.1.5-02, 11, 13
In this given situation the Employee’s FMLA right was satisfied when he was granted the leave. The Employee met all requirements to be granted leave because he was with a company that had over 50 employees for over 2 years. The 2 years that customer worked satisfied the requirement of working a total of 12 months before leave can be granted. Also, since the Employee’s leave was for birth care that was a valid reason for asking for the leave.
Situation A Violation:
All of the provisions of the FMLA were successfully met for this particular employee. FMLA allows 12 weeks of unpaid time off. The employee returned to the same job at the same rate of pay which is also a provision that has to be met for FMLA. The only issue I see is the employee asking for the 11 weeks of withheld salary. No where in the FMLA provisions did I see where this was a mandatory action. The word that jumps out at me is UNPAID leave. If it is unpaid then why would the employee ask for back salary? Clearly this company has not violated any FMLA rules.
In this given situation it appears that the 68 year old Employee is considered what I call Top –notch and his age apparently is not at all affecting with his work ethics because of his above average rating. It is safe to say in this situation that age is truly nothing but a number. In saying this having the Age Discrimination in Employment Act of 1967 is a great Act to have.
Situation B: Violation
Putting it mildly, this is a true Violation of the Age Discrimination in Employment Act of 1967. First and foremost the Employee is over 40 and his was denied a promotion due to his age. Additionally, to take it a step further the person that was promoted had an even lower evaluation and was substantially younger. Clearly this Employee has been...