Julie Bate Case Summary

Julie Bate was a long-term employee before he involved in a serious car accident. Even Julie does not have outstanding work performance but she have 5 years work experiences.

On June 15, 2014 Julie got involved in serious car accident which caused her lot of serious Disease such as lost memory and outburst angry. Now I am going to use three different perspective to discuss this question.

First of all, I am going to start from the perspective of Ms. Bates. According to the materials we can tell that Ms. Bates have different rights to protect his own interests. Under the Family and Medical Leave Act, we can see that the employee has the affirmative right to take up to 12 or 26 weeks of leave per year in blocks of leave. And the employer is prohibited from discriminating or retaliating by

taking adverse action against the employee. The employee also have the right to return to her position at the end of that leave. In this special case we can see that Julie Bate was got involved in car accident in June 15 which mean the employer can not discharge her until November 15. So that actually the discharge notice that Julie received is violated the terms in the FMLA. The company have no right to discharged her for any kind of reason. Of course having this interests you have to match some conditions. The most important one is an employee seeking leave must have 12 months of employment and 1250 hours of work. According to this rule we can see Julie already match this requirement. So from the perspective of Ms. Bates there is no reason that can be discharged by employer.
Secondly, we can thinking from the perspective of Bank. For the interest of Bank they are discharged Bates in order to protect their own benefit. Also we can see that Bank are having notification for the Bates to warned her that if she was does not come back at time she would be discharge. In this case study we can see that the bank have special situation. Because the bank “making do” with one less loan officer but another officer was going to leave at October 30. So that means there would be no loan officer in the position if Bate does not come back before another officer leave. This would cause a huge loss in the bank. According to this special case the only way they can do is hiring another employee to filled the position to ensure the company’s running. Though they have the reasonable reason to discharge Bates but actually they are not allowed to do that. Under the FMLA right it have clear notice that employer are prohibited to discharge employee who leave between 12-26 weeks when him or her are in the serious medical situation. So that even it would hurt company’s interests they still can not hire another employee to replace Julie. Also Julie is a long term employee which match the 12 months with an employer agreement so that she is protected by the FMLA. In addition employer should provide Julie’s health benefit for her even when she on leave. Because Julie got involved in a car accident so that it would be really helpful for her to get better and reduce the pressure on her family.
The last thing I want to talk about is how people in general think about this kind of situation.

In present lot of people are getting fire because they get involve in serious accident or the birth and care of newborn child. Most of people in this group cannot come back their position after the special period. I think this is really inhumanity. And government does not have the formal document to protect employee’s rights in this area which make the employer could fire them for their own benefit. As we got the information online we can see most of the benefits policy are only for the militaries which does not cover normal people. It also increase the jobless rate and unfair to those people. In my opinion government should come out some formal documents and the regulations for this type of situation. So that it would have the agreement between employee and employer. When employee can not come back in the certain time employer can hire another employee to filled her position. In this way people would have no confusion and complain. Also it would have the accurate time for employer to decided that when they can hire another employee so that it could also reduced their

loss.