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Gizmo Inc.
Will either of their grievances be heard in court? Why?
Becky's case has a very realistic possibility of being heard in court. This is from releasing her at a time when she was experiencing complication during her pregnancy. In this situation, she can claim that the company did not abide by the different provisions of the law through terminating her employment (after she asked and was initially granted maternity leave). This surpasses the arbitration clause in her employment contract by directly violating the Family Leave and Medical Act. (Cihon, 2013)
Under the law, she can take up to 12 weeks off without having fear of retribution, demotion or suspension. However, in order to be eligible, she must request leave with 30 days prior notification to her employers. Evidence of this can be seen with guidance provided to employers from the Department of Labor which states, "Employees must comply with their employer's usual and customary requirements for requesting leave and provide enough information for their employer to reasonably determine whether the FMLA may apply to the leave request. Employees generally must request leave 30 days in advance when the need for leave is foreseeable. When the need for leave is...
The impact is that their dismissal of her will result in the firm going to court to answer for possible violations of the Family Medical Leave Act.
The case involving Sydney will go to an arbitrator. This is because drug testing is a part of their employment contract and company policies / procedures. The moment he refuses to submit to random testing, is the point he can be fired for violation these provisions. Arbitration is an avenue for presenting grievances and explaining why he chose this course of action (by a neutral third party). Moreover, Sydney is considering the possibility of using dispute resolution vs. going to court. The reality that he is involved in illegal activities (i.e. The consumption of cocaine) will lead to an arbitrator hearing the case. (Cihon, 2013)
What will the results of each be?
Becky will have to show how she was terminated because of her pregnancy. This means that she must…
References
Cihon, P. (2013). Employment and Labor Law. Mason, OH: Southwestern.
The Family Medical Leave Act. (2014). DOL. Retrieved from: http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
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