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Home/Law/Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for “improper phone usage.”

Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for “improper phone usage.”

This particular case exemplifies the breach of the implied covenant of good faith and fair dealing. There was no actual reason for the employer to harass the machine operator with major depressive disorder in any way since the employee took leaves in accordance with the law, namely the Family and Medical Leave Act. However, the final termination of the employee appears unclear because it occurred two months after her last leave, and the announced reason is “improper phone usage.”

Thus, if the machine operator indeed misused her phone, that is a sufficient reason to terminate her according to the concept of at-will employment. If this reason was only occasional to terminate the employee for intermittent leaves, the court might recognize the case as an exception of at-will employment due to the breach of the implied covenant of good faith and fair dealing.

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Academic.Tips. (2023) 'Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for "improper phone usage."'. 10 March.

Reference

Academic.Tips. (2023, March 10). Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for "improper phone usage.". https://academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-a-machine-operato/

References

Academic.Tips. 2023. "Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for "improper phone usage."." March 10, 2023. https://academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-a-machine-operato/.

1. Academic.Tips. "Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for "improper phone usage."." March 10, 2023. https://academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-a-machine-operato/.


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Academic.Tips. "Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for "improper phone usage."." March 10, 2023. https://academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-a-machine-operato/.

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"Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for "improper phone usage."." Academic.Tips, 10 Mar. 2023, academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-a-machine-operato/.

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