Explore BrainMass

Employment and Labor Law: Example Problem


Amanda is a 40-year-old Asian female. She has been with a law firm for 5 years as a receptionist. The company has 120 employees. Recently, Amanda has been missing work because she has been taking care of her mother who has Stage V cancer. Amanda will usually call out of work at the last minute as she never knows how her mother is feeling until her mother wakes up in the morning. Amanda has been reprimanded on several occasions and given a warning that she will be terminated if this behavior continues. Amanda needs her job as she helps to cover the expenses of her mother's home, and she is fearful she will lose her job. She also recently found out she is 2 months pregnant and is fearful that she will lose her health benefits if she is let go from the company. Please discuss what Amanda's recourse is at the present time and what she can do (if anything) if she is terminated. She is contemplating legal action if necessary. Also, what will happen to her health benefits if she is terminated from the company?

Discuss the laws and specific acts (and the dates enacted) that may protect Amanda. Address how each law applies to Amanda's specific situation.

Solution Preview

Amanda's situation is not unique to say the least. In what is known as time off for dependants, she does have right to take time off from her work schedule so as to deal with medical emergencies involving someone who depends on her. This is also what is referred to as compassionate leave. For as long as Amanda's reasons for taking the compassionate leave are genuine, she legally cannot be penalized for it. Before taking any action, Amanda should start by checking her employment contract and look out for any written statement of employment or her firm's handbook for any detail pertaining to time off for her dependants or compassionate leave. Dependant's are generally classified as anybody who reasonable relies on her for their upkeep and especially for help during ...

Solution Summary

This solution discusses the laws and specific acts that may protect Amanda, and addresses how each law applies to her specific situation.