Applicability of Greene’s Jewelry Wholesale, Llc vs. Lawson Memo

The Family and Medical Leave Act (FMLA) became public law on February 5, 1993. Its purpose is to grant family and temporary medical leave under certain circumstances that will allow the employee to balance the demands of their job with the needs of their families. Some examples of eligible leave are: for the birth or adoption of a child, to care for an (eligible) family member that has a serious health condition or because the employee themselves have a serious health condition and is unable to work for an extended period of time. Further, the FMLA was enacted in order to minimize employment

Employers are limited to what they are allowed to ask and employees are allotted time off before being required to provide medical documentation supporting their request for leave. These gaps in detail in the documentation of the Family Medical Leave Act are giving dishonest employees an opportunity to obtain time off without any due explanation. Sue Sumler from the Manufacturers' Alliance/MAPI explains the problems caused by a vague definition of serious health condition. "Because the definition of a 'Serious Health Condition' is vague, almost any¬one can find a physician to certify that they have a chronic condition that meets the definition. Many of this company's intermittent leaves are for migraine headaches. The physician certifies that migraines may occur at any time. Some employees approved for leave for migraine headaches miss four-five days a month and more. For some, it appears that FMLA has given them an extra 60 days off work."

Witnesses for the complainant: Anatoly Zlatokrasov, owner of AZTE, Steven, Pinkow, Joshua, Teodor Epelbaum, owner of AZTE, and Andrei Lissenkov, owner of Livox and JCP Autos.

A growing number of states in the United State required a paid leave in addition to the federal regulations; states legislation requires employees to maintain their employment within certain time frame employment in order to accrue the sick leave hours. Additionally, the state’s regulation mandates that employees will not face any retaliation based on their medical condition

Ling Nan ZHENG, Ren Zhu Yang, Yun Zhen Huang, Wen Qin Lin, Sai Bing Wang, Ye Biao Yang, Cui Zhen Lin, Rong Yun Zheng, Hui Fang Lin, Xiu Ying Zheng, Jin Ping Lin, Hui Ming Dong, Yu Bing Luo, Sau Chi Kwok, Sai Xian Tang, Yi Zhen Lin, Rui Fang Zhang, Mei Juan Yu, Mei Ying Li, Qin Fang Qiu, Yi Mei Lin, Mei Zhu Dong, Fung Lam, Xiu Zhu Ye, Sing Kei Lam, and Xue Jin Lin, Plaintiffs-Appellants, v. LIBERTY APPAREL COMPANY INC., Albert Nigri, and Hagai Laniado, Defendants-Cross-Claimants-Appellees, Ngon Fong Yuen, 88 Fashion Inc., Top Five Sportswear, Inc., S.P.R. Sportswear, Inc. and 91 Fashion, Inc., Defendants, Lai Huen Yam, a/k/a Steven Yam, 998 Fashions, Inc. and 103 Fashion Inc.,

The balancing act of family and work can be very difficult at times. At some point in everyone’s life, he or she will need to take time off of work to deal with family matters. The Family and Medical Leave Act (FMLA) of 1993 was created to help employees find a balance between the challenging demands of work and home. This Act allows eligible workers that require time off for personal reasons or family emergencies up to twelve weeks of unpaid leave.

The FMLA entitles eligible employees the ability to take off up to 12 weeks of unpaid time off within a 12-month period with the benefit of job protection upon returning to the company. The time off is subject to specific criteria that must meet federal guidelines. The website www.dol.gov lists these five leave entitlements.

The company has the right to terminate an employee as long as the termination does not discriminate or

We the legal team of Greene’s Jewelry has the opportunity to evaluate all the necessary details of the case and overlooked what the strengths and weaknesses of our argument would be presented in the Court. To assist our argument we have decided to utilize the regulations, substantive laws and case laws. The case precedents will provide multiple directions for the arguments to be assessed in the Court. Greene’s Jewelry is more likely to receive a favorable judgment by applying these laws, in the claim against Ms. Lawson. After numerous evaluations and examinations, we the legal team has assessed the elements of the case and concluded that the primary reason of the lawsuit against Ms. Lawson is due to her breach of the non-disclosure agreement. The manner in which Ms. Lawson violated her contract depicts her true intention in her activities. Ms. Lawson’s behavior led to an interruption in Greene’s Jewelry daily business operation process. Howell acquired confidential information from Ms. Lawson on Greene’s secret trade process of Ever-Gold makes it a criminal offense. The State of New Hampshire has established laws to “protect private and public bodies from misappropriation of secret trades; these are laws that copy the Federal Uniform

If FMLA leave is being taken for the employee’s own or an eligible family member’s serious health condition, or to care for the serious injury or illness of a covered servicemember, the employee must exhaust sick leave balances first, regardless of whether leave is used consecutively, intermittently or on a reduced schedule. The employee will then be required to exhaust vacation leave and compensatory time balances. After the employee has used all paid leave balances, he/she will be placed in a leave without pay status.

In this situation, the employee requested and was granted leave to be with his spouse who had given birth to premature twins. The Family Medical Leave Act, requires that Company X provide the employee with up to 12 weeks of leave per calendar year to care for his own health needs, or those needs of an immediate family member, such as a spouse, parent or child. Employees are eligible for up to twelve weeks of FMLA if the company has more than fifty employees, who commute within seventy-five miles of the work location. Company X and it’s employees met this qualification. FMLA leave can be taken be continuously, intermittently or even at a reduced schedule, such as half-days. In order for any employee to request FMLA leave they must have worked for the company at least twelve months prior to requesting the leave, and they must have worked at least 1250 hours. The FMLA provides job protection for employees needing to take time off in order to address any personal sicknesses, health issues, or those of their immediate family members, such as the one presented in this situation. FMLA guarantees that the employees current job, current salary, along with their health benefits remain intact during the time they are on leave and while they are attending to the health situation. When the employee returns they must be put back into either their former position or a position that is equal to the one that they left if their former position was required to be filled. According to

A similar case where an employee claimed unlawful termination in comparable circumstances is Megivern v Glacier Hills Incorporated. In this case the employee, Megivern, alleged that her employer, Glacier Hills Inc. unlawfully terminated her due to her pregnancy. The judgement was ultimately given to Glacier Hills Inc and the termination was sustained. Glacier Hills was able to show the reasoning surrounding Megivern’s termination by providing her performance records. Megivern was a less than desirable employee and the timing of her termination was not due to pregnancy (Megivern v. Glacier Hills

Case Analysis: Blanchard Importing and Distributing Co. Inc. (HBS Case 9 - 673 - 033)

-Employees who have the following reason should get up to 12 weeks of unpaid leave: own serious illness, birth and adoption, and take care of a seriously ill child, spouse, and parent. (We guarantee your position with no loss of benefits at the end of the leave)

Employment at Will law is highly relevant to the Personnel Planning functions of Human Resources Management. Personnel Planning sometimes involves the termination of competent and otherwise desirable employees due to financial or organizational challenges coming from the employer's side. In at-will employment relationship, the employer and employee agree at the outset that the employer may terminate the employment relationship for any time at any reason. In the case of at-will employees, employers are not required to show "good cause" for termination, meaning that they do not necessarily have to prove that the employee did anything to deserve termination.