3443
February 1, 20224017
February 1, 2022
reply to the students’ response and not the question in 150 words minimum and provide 1 reference. Respond to the students response as though you are talking to them, use name
question-
Read the hypothetical below. What are John’s potential claims if he is terminated this week?
John is a 54-year-old man with diabetes. He has worked for Telco for 20 years. Lately, he has difficulty concentrating and makes numerous mistakes. He has missed several days of work due to his diabetes. Supervisor Mark wants to fire John this week.
Instructions: Please write in essay format. Include the guidance below in your analysis:
a) Set forth the federal statute and/or theories of law that are applicable.
b) Identify the legal issue(s) that exist and claims that may be brought based on the facts of the case.
c) Apply the facts of the case to the elements of the law/theories of law.
d) Cite a case in the text which is on point with the scenario, or compare and contrast with a case in the text.
e) Provide an action item agenda of specific objectives you would recommend implementing in order to prevent future exposure to liability. Be specific (e.g., if training is a recommendation, describe the type of training in detail).
Students response
Something in human nature causes us to start slacking off at our moment of greatest accomplishment. As you become successful, you will need a great deal of self-discipline not to lose your sense of balance, humility, and commitment,” (Bush, G.W, 2019). People tend to settle once they have achieved a little part of success and miss out on bigger success. People must continue to be sle motivated to continue to reach their goals and desires of success. John dedicated 20 years to Telco, and after 20 years, an underlying disease has affected his performance at work.
John has not just worked at Telco for 20 years, he has dedicated 20 years of his life to Telco. Telco has seen John highs and his lows, his bad and his goods so they should be able to understand what John is going through. John has been diagnosed with Diabetes and it has impacted his ability to perform at work. However, we do not know what kind of job John has and how his job affects Telco and other employees. At the end of the day, most companies are a for profit company and any mistake or leave of absence may cause hardship to them. In the John situation, Telco would need to evaluate the situation and attempt to accommodate John without causing a financial hardship to Telco. In Atkins v. Salazar, a 2011 Fifth Circuit case, similar situation was presented, however, we do not know the extent of how John is being affected bedside his performance and absence, but more information should be collected and find a common ground before telco decides to fire John. In Atkins case, his accommodation to Salaza where his accommodations would push the NPS in a financial hardship resulting in a demotion to Atkins following that Atkins diabetes impaired his performance as a park ranger.
Before John is layed of and then he retaliates with filing a case under the ADA act, Telco must attempt to accommodate him to prevent him from being sued by John. In addition, If John decides no to co-operated and leaves the company willingly, then Telco will not be liable for his actions.
Bennett-Alexander, D., & Hartman, L. (2019). Employment Law for Business (9th ed.).
Retrieved From
Heathfield, S. (2019). Inspirational Quotations About Commitment for the Workplace.
Retrieved from
https://www.thebalancecareers.com/inspirational-quotations-about-business-1918439
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