Maternity Leave Case Study

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The decision for our company to grant the mother paid maternity leave is in compliance with the Family and Medical Leave Act of 1993. To be eligible for leave the couple does not have to be married, and if they work for the same company then they are both entitled to a combined 12 week unpaid leave. Under the FMLA, employers are required to give eligible employees up to 12 weeks of unpaid leave for medical reasons, including childbirth. Our company respects the decision to grant the father only a couple of weeks and the mother a full 12 weeks. Allowing the father to take an additional two weeks of unpaid leave is a generous offer because it goes beyond what FMLA requires. It is also substantial for the company to propose paid vacation leave. This leave can be proposed as FMLA leave because it is for paternity reasons.
If our company had knowledge of the former manager of Entertainment 720 Inc. soliciting our employees, then we would have a valid case against him. Most likely, our employees would have signed a non-solicitation clause and our company can search prior phone records for evidence. In this case, the former manager is in violation of the agreement because he is taking our current employees. If our past employees continued to hurt our reputation then we could sue them for damages if there was intent to hurt our company under defamation.
Concerning our employment ad, it is legal, but risky to advertise it. The only discrimination we could possibly be held liable for is the family requirement. By our HR department requiring a mother to have a family of grown children is considered pre-screening discrimination under Family Responsibilities Discrimination. Also, only interviewing women can be seen as further discrimination...

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If our workers decided to make a Facebook page with defamation of our company we have the right to ask them to take down the Facebook page and fire them if they do not comply. The First Amendment only applies to government control of speech, and it does not apply to private employers. Our company should include a clause in the contract of employment that specifies what their rights are on social media concerning our company. If our company does contain this type of clause in our contracts, then there also is not a violation of the First Amendment. Our employees are an extension of our company, and what they do and how they act directly impacts our company’s reputation. If they perform these actions after work, they are still contracted workers. If they are employed at will, then we will be able to fire the employees if they do not comply with our requirements.

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