Tammi works as a sales clerk at a large department store. She is not part of a u

Question

Tammi works as a sales clerk at a large department store. She is not part of a union. Unfortunately, her health is not very good, and she suffers from a chronic kidney disease. At first, the disease does not affect her ability to go to work. But over time, the disease continues to worsen and she requires dialysis treatments. She is only able to receive these treatments on Mondays, Wednesdays, and Fridays, from 9:00am - 11:00am. However, she is scheduled to work during those hours. Her normal work schedule is Monday through Friday, from 9:00am - 5:00pm, a shift which she has worked for the past five years. Tammi asks her supervisor if she can change her work schedule so she can go to her treatment appointments and still work 40 hours a week. Tammi thinks that her request is reasonable because there are over 100 people who work in the department store, so she figures that her supervisor will be able to find someone else to fill in for her while she’s at her appointments. Over time, Tammi's disease gets progressively worse. It gets to the point where she is too ill to come to work. Tammi tells her supervisor that she is unable to work and that she doesn’t know how long she will have to be off for due to her medical condition. Her supervisor tells her not to worry about her job and that it will be there for her no matter how long she needs to be off of work. At that point, Tammi had enough sick leave and vacation time to cover her absence for two months. Her supervisor told her that she would need to use up her sick and vacation time concurrent with any other leave that she was entitled to under the law. After four months of not being able to work, Tammi is finally starting to get better and is able to start working again. Tammi calls her supervisor and tells him that she is able to return to work. Her supervisor says that he’s not sure if she can come back at that point and that he will need to check to see if she can return. After a week, her supervisor calls her back and says that her employment is going to be terminated due to her extended absence beyond what her sick and vacation leave covered.

Answer the following: 1) Discuss the laws that apply to this situation. Make sure to fully state the laws and how they apply. Discuss what the employer is required to do when Tammi first tells her boss about her need for a schedule change. 2) Discuss what the employer is required to do at the point when Tammi is unable to come to work anymore. 3) When Tammi is able to return to work, discuss whether or not her employer is required to allow her to return. 4) Discuss the law upon which the employer made the decision to terminate. Discuss whether or not Tammi was unjustly terminated. Make sure to consider contract law and whether any doctrine applies to this situation based on the statements made to Tammi by her supervisor regarding guaranteeing her return to employment.

Explanation / Answer

Tammi works as a sales clerk at a large department store. She is not part of a union. Unfortunately, her health is not very good, and she suffers from a chronic kidney disease. At first, the disease does not affect her ability to go to work. But over time, the disease continues to worsen and she requires dialysis treatments. She is only able to receive these treatments on Mondays, Wednesdays, and Fridays, from 9:00am - 11:00am. However, she is scheduled to work during those hours. Her normal work schedule is Monday through Friday, from 9:00am - 5:00pm, a shift which she has worked for the past five years. Tammi asks her supervisor if she can change her work schedule so she can go to her treatment appointments and still work 40 hours a week. Tammi thinks that her request is reasonable because there are over 100 people who work in the department store, so she figures that her supervisor will be able to find someone else to fill in for her while she’s at her appointments. Over time, Tammi's disease gets progressively worse. It gets to the point where she is too ill to come to work. Tammi tells her supervisor that she is unable to work and that she doesn’t know how long she will have to be off for due to her medical condition. Her supervisor tells her not to worry about her job and that it will be there for her no matter how long she needs to be off of work. At that point, Tammi had enough sick leave and vacation time to cover her absence for two months. Her supervisor told her that she would need to use up her sick and vacation time concurrent with any other leave that she was entitled to under the law. After four months of not being able to work, Tammi is finally starting to get better and is able to start working again. Tammi calls her supervisor and tells him that she is able to return to work. Her supervisor says that he’s not sure if she can come back at that point and that he will need to check to see if she can return. After a week, her supervisor calls her back and says that her employment is going to be terminated due to her extended absence beyond what her sick and vacation leave covered.

Answer the following: 1) Discuss the laws that apply to this situation. Make sure to fully state the laws and how they apply. Discuss what the employer is required to do when Tammi first tells her boss about her need for a schedule change. 2) Discuss what the employer is required to do at the point when Tammi is unable to come to work anymore. 3) When Tammi is able to return to work, discuss whether or not her employer is required to allow her to return. 4) Discuss the law upon which the employer made the decision to terminate. Discuss whether or not Tammi was unjustly terminated. Make sure to consider contract law and whether any doctrine applies to this situation based on the statements made to Tammi by her supervisor regarding guaranteeing her return to employment.

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