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Employment Law for HR Practice

Create a work scenario from the case below or read from the internet (Aquilino v. Solid Waste Services,2008 U.S. Dist. LEXIX 47168(E.D. Pa)).
In this scenario, you are an employee reporting to the HR director and you are preparing a memorandom for the company president(2-3 pgs). He/She has asked you to do a legal analysis in a technical writing format and come to a conclusion about possible liability for your company given the specific fact scenerio.

(1)First analyse the actual case.
(2)Use standard memorandum format
(3) Use the ff paragraph "headings" for the content.

a) Background- (invented summary of the factual situation in your company),
b) Issue- (statement of the primary relevant legal issue; use a format similar to: "The issue is 'whether' such and such actions constitute such and such discrimination."),
c) Rule- (statement of the status of the law in regard to that type of harassment),
d)Application
e) Conclusion- (statement of the way you believe your company's pretend scenario will be resolved based on your research of other cases),
f) Recommendation- (make a firm recommendation to the President regarding the best resolution in this case and a method of preventing such a situation from occurring in the future),
g) References- (Include at least three source citations for your paper: include the actual case, and a statute or other case)

THE CASE.
An employee got hurt on the job,was unable to work for a period of time,and recieved workers compensation benefit. His employer did not deduct the employee's share of health insurance premium from his workers compensation payment or otherwise notify the employee as to how he should continue to make contributions toward his health insurance.The health insurance was maintained by the employer for six months. Thereafter, the employee was informed that his health insurance coverage had been terminated. The employer claimed that the reason for the termination was nonpayment of the employees's premiums and,thus no COBRA notification was required. Did this employee experience a qualifying event? Were his rights violated?

(Aquilino v. Solid Waste Services,2008 U.S. Dist. LEXIX 47168(E.D. Pa))

Solution Preview

Background:
An employee of the Machine Making Company, Jack Fernandez was injured by a moving part on job and is qualified for workers' compensation benefits. Machine Making Company continued to pay workers compensation payment in full, did not deduct his health insurance premium, and did not inform him of the method of how he should make payments to his health insurance. Machine Making Company maintained the health insurance for six months after which the employee was told that the health insurance was terminated because of nonpayment of employee premiums.

Issue:
Was Machine Making Company required to offer COBRA coverage and to notify their employees of the ...

Solution Summary

The case Aquilino v. Solid Waste Services is explained in a structured manner in this response. The answer includes references used.

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